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Bodily Samples Drafting Checklist

From Criminal Law Notebook

Body Impression ITO (487.092)

ITO
  • under oath or affirmation
  • oath or affirmation by a "peace officer"
  • Judge is satisfied there are "reasonable grounds to believe":
    • an offence under the Criminal Code or other statute was committed AND
    • Information concerning the offence will be obtained
    • it is in the best "interests of justice" to grant the warrant
Elements
  • Subject of seizure:
  • handprints
  • footprints
  • fingerprints
  • foot prints
  • teeth impressions
  • impressions of any other body part

AND

  • warrant includes terms and conditions to ensure the seizure is reasonable.
Telewarrant
  • body impression is obtainable by telewarrant (487.092(4))