Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Search and seizure without warrant where offence committed

• 117.02 (1) Where a peace officer believes on reasonable grounds

  • (a) that a weapon, an imitation firearm, a prohibited device, a firearm part, any ammunition, any prohibited ammunition or an explosive substance was used in the commission of an offence, or

  • (b) that an offence is being committed, or has been committed, under any provision of this Act that involves, or the subject-matter of which is, a firearm, an imitation firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, a firearm part, ammunition, prohibited ammunition or an explosive substance,

  and evidence of the offence is likely to be found on a person, in a vehicle or in any place or premises other than a dwelling-house, the peace officer may, where the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practicable to obtain a warrant, search, without warrant, the person, vehicle, place or premises, and seize any thing by means of or in relation to which that peace officer believes on reasonable grounds the offence is being committed or has been committed.

• Marginal note:Disposition of seized things

  (2) Any thing seized pursuant to subsection (1) shall be dealt with in accordance with sections 490 and 491.