ON SEARCH WARRANTS.

Informa

tion must be on oath,

but need not be in writing.

Informa

tion must

show a

THERE are several clauses in these Acts which authorise the issuing of a search warrant. Thus, the Offences against the Person Act, s. 65, ante, p. 86, and the Malicious Injuries Act, s. 55, ante, p. 251, authorise the issuing of a warrant to search for gunpowder and machines, &c., intended to be used for the purpose of committing any of the felonies against those Acts. So s. 103 of the Larceny Act, ante, p. 187, authorises the issuing of a warrant to search for any property, on or with respect to which any offence against that Act has been committed. So the Forgery Act, s. 46, ante, p. 309, authorises the issuing of a warrant to search for any forged instrument and any machine, &c., for making forged notes, &c.; and lastly, the Coin Act, s. 27, ante, p. 336, contains a like provision for the seizure of false coin, and coining tools, &c. It therefore may be well to say a few words on search warrants under these Acts, and to give some forms as precedents for them.

Under each of these Acts there must be an information on oath or affirmation to justify the issuing of such a warrant; but the information is not required to be in writing, and therefore may be merely verbal; still it is more prudent to take it in writing, and therefore I have given forms for that purpose.

Under each of these Acts the information must state that there is "reasonable cause" to suspect reasonable that the person charged has in his possession or on cause of his premises one or more of the things, for which suspicion. the Acts authorise search to be made and it is certainly better, if it be not absolutely necessary,

at the information should state the facts, which ow that there is such reasonable cause of suscion: and, whether there be an information in iting or not, the justice ought always to take care fore he grants the warrant to ascertain that there ally are facts, which constitute such a reasonable use of suspicion.

tion and

be searched

The warrant, whether the information be in Warrant must recite riting or not, ought to recite that it has been such a oved on oath that there is such reasonable cause reasonable suspect as has just been mentioned; but it does cause. ot seem necessary to state in the warrant the facts hich constitute such reasonable cause. The information should also specify, as accurately Informas the nature of the case will allow, the particular warrant ing or things intended to be searched for: and must deis description must be followed in the warrant, for scribe the he officer executing it can generally only lawfully things to eize such things as are specified in the warrant, and for. o enable him properly to perform his duty, the escription should be as accurate as may be practicable. Where it appeared that the defendants had entered the plaintiff's house, and taken 100 lbs. weight of cotton copps or thread, two packing cases n which it was contained, and a tin pan and hair ieve, under a warrant directing the defendants to search the plaintiff's house for the 100 lbs. weight of cotton copps, which had been stolen from one of the defendants, who also claimed the tin pan and sieve as his property, it was contended that the constable was not restrained from seizing other goods besides those mentioned in the warrant, if they appeared to have been stolen, and might be serviceable in the investigation of the felony mentioned in the warrant. Abbott, C. J., "The warrant authorised the seizure of certain articles, but unfortunately some other articles also were taken. If those others had been likely to furnish evidence of the identity of the articles stolen mentioned in the warrant, there might have been reasonable ground for seizing them, although not specified in the warrant. But the tin pan and sieve were not such articles. I have expressed myself in this manner in order to prevent the supposition that a constable seizing articles not

General requisites

of the warrant.

Warrant should direct a

search in the day. time.

Where the

warrant

mentioned in the warrant under which he acts, is necessarily a trespasser. In this case there must be verdict for the plaintiff for one shilling." Crozier v. Cundey, 6 B. & C. 232. This case shows how very material it is accurately to describe the things intended to be searched for, and it is an authority to show that where any articles, which may furnish evidence of the commission of a felony, are found on executing a search warrant for any goods obtained by the commission of that felony, those articles may also be seized, although they are not mentioned in the warrant. This position would seem to rest upon the universally-sanctioned practice of seizing and producing in evidence, not only such articles as tend to prove the commission of a larceny, but also a murder or any other offence against the person.

By the Larceny Act the search warrant is to be granted as in the case of stolen goods," and therefore all the authorities as to a search warrant for stolen goods, will apply to a warrant granted under that Act; and although the other Acts do not contain the like terms, yet a warrant issued under them should, as to its general requisites, follow the same form as has been sanctioned in the case of stolen goods.

The warrant should only authorise a search in the day-time; for it does not seem settled that a warrant can be issued to search even for stolen goods in the night, and under the Offences against the Person and Malicious Injuries Acts, the search must be in the day-time.

A search warrant for stolen goods, directs the may direct constable, in case the goods are found, to bring the the person person in whose possession they are found before the in whose justice; and as the warrant recites an information possession that the goods have been stolen, and are concealed the goods are found in his premises, it may be that such a warrant, supap-, ported by the fact that the goods are found in his prehended. possession, is valid; but there certainly are cases

under these Acts where a search warrant may be issued, and the articles found under it, and yet the person in whose possession they are found be guilty of no offence. For instance, it is easy to conceive that a forged instrument may be in the

ossession of a person who neither forged it nor inends to utter it. In such a case there can be no lawil authority to apprehend, and therefore the search arrant ought not to direct the constable to appreend the person, in whose possession the articles menoned in the warrant may be found in his possession. n every case, therefore, where a search warrant is pplied for under any of these Acts, the justice hould be satisfied that, if the articles are found in he possession of the person suspected to have them, here is reasonable cause to believe that he has been uilty of some offence punishable under these Acts, efore he grants a search warrant authorising his pprehension; and in any case of doubt it will be nuch safer to grant a warrant merely authorising he seizure of the article. If the article be found, and the facts warrant it, an ordinary warrant for the apprehension of the person in whose possession it was found, may be afterwards issued, and the case dealt with in the ordinary course.

To wit.

it.}

(No. 1.)

Informations to obtain a Search Warra nt.

UNDER THE LARCENY ACT.

BE it remembered that on the

day of A.D. 186 at in the said [county] C.D., of in the said [county] labourer, a credible witness, comes before me, the undersigned, one of Her Majesty's justices of the peace in and for the said [county], and upon his [oath] now duly made by him before me the said justice, informs me the said justice that * on the day of [or within days last past, as the case may be] divers goods and chattels of him the said C.D., to wit [(a) two coats, twelve silver spoons, &c., describe the articles stolen accurately], were feloniously stolen from [the

(a) Here state the property correctly which is supposed to be concealed, and describe the offence against the act by which it has been obtained, whether it be by larceny, embezzlement, false pretences, or any offence punishable on summary conviction.