A search warrant is a protection against unreasonable search and seizure. For a search to be 'reasonable', most systems require a warrant be issued by a judge or court of law, based on 'probable cause.' This written order, issued under oath, describes the place to be searched and the things to be seized, and authorizes the investigator to seize that evidence.
To obtain a warrant, the investigator must fill in an application and swear to a judge that the information provided is accurate.
The information must contain a detailed description of the things to be searched for and seized, and the offence in respect of which a search is to be made; believing on reasonable grounds that the said things are in a specific place or dwelling together with the complete address of the premises. It must also state whether other alternative sources of the information exist and whether they have been exhausted.351
For example, Election Canada advises its Special Investigators that search warrant applications must:
- be in writing on the correct form;
- be done under oath or solemn declaration by the appropriate person;
- have reasonable grounds to believe that the material will be found at the location described to be searched;
- have an appropriate description of the items sought, and location to be searched so that it is not so vague as to amount to a carte blanche or fishing expedition;
- specify the offence under investigation, and show a clear connection clear between the offence and the items sought; and
- justify the time for execution if the time sought is at a time not normally ordered.352
