Call Us 1-905-895-6528

Search & Seizure


The Right Against Unreasonable Search and Seizure

The protection against unreasonable searches and unlawful detention is one of the most fundamental rights under Canadian law. Section 8 of the Canadian Charter of Rights and Freedoms prevents the government and its agents from holding citizens against their will or seizing personal property without a good reason.

Unfortunately, law enforcement personnel often violate these rights to conduct illegal searches of homes, cars, clothing, and even people’s bodies in an attempt to find evidence of a crime. Being the victim of an unlawful search or seizure can leave you feeling insecure and violated. When the police officers and other federal agents you depend on to guarantee your safety wrongfully invade your privacy, you need a lawyer who can restore your dignity and self-confidence.

More importantly, however, an improper search or seizure can have a tremendous impact on the legitimacy of a criminal charge. If evidence was gathered as the result of an illegal search or seizure, it is important to speak with a criminal defence lawyer as soon as you are charged. At Reeve Law, we know what your rights are and know how to protect them.

The Law Requires a Search Warrant

Although there are notable exceptions, the law requires law enforcement officers to obtain a warrant before conducting a search. In Ontario, police must supply a justice of the peace with detailed information about the location they want to search. They must provide enough information to justify the invasion of privacy that a government search entails. If the justice determines that the police have reasonable and probable grounds to conduct a search, he will issue a search warrant.

Because search warrants are issued for the express purpose of discovering crimes or evidence, they often result in criminal charges. Many criminal charges are dismissed due to improper search warrants. If a judge determines that a warrant was issued without probable cause, it can compromise the validity of a criminal charge. Reeve Law's experienced criminal defence attorneys can help you defend yourself against invalid warrants.

Exceptions to the Search Warrant Requirement

The law provides several important exceptions to the search warrant requirement. Under Canadian law, police can seize evidence and conduct searches in situations where doing so will preserve public safety. They can also engage in warrantless searches to prevent the destruction of evidence or in cases where illegal items, such as drugs or stolen property, are plainly visible. Additionally, an individual can consent to a warrantless search.

Reeve Law - Experienced Search & Seizure Lawyers

Dennis Reeve has over 40 years of criminal law experience. Dennis has worked hard to establish himself as a formidable litigator in court as well as an efficient negotiator on matters such as plea bargains. 

Dennis Reeve has served as Crown Prosecutor; this experience gives him invaluable insight into each case’s unique strengths and weaknesses and helps him choose the best strategies for protecting his clients. Dennis is dedicated to impeccable preparation, fierce yet professional advocacy, and providing the best possible defence for each client. 

Dennis Reeve looks forward to bringing his decades of legal experience to your case, protecting your rights, and providing the advice and representation you need. 

If you’ve been charged with domestic assault, call Reeve Law at 1-905-895-6528 for a free initial consultation.
Share by: