Document ID: chunk:federal_register_of_legislation:C2004A04741:body:0:p9
Version: federal_register_of_legislation:C2004A04741
Segment Type: other
Provision Reference: 
Character Range: 20042–22772

another place so that the examination or processing can be carried out in order to determine whether they are things that may be seized under the warrant.

"(3) If things are moved to another place for the purpose of examination or processing under subsection (2), the executing officer must, if it is practicable to do so:

     (a) inform the occupier of the address of the place and the time at which the examination or processing will be carried out; and

     (b) allow the occupier or his or her representative to be present during the examination or processing.

"(4) The executing officer or a constable assisting may operate equipment already at the warrant premises to carry out the examination or processing of a thing found at the premises in order to determine whether it is a thing that may be seized under the warrant if the executing officer or constable believes on reasonable grounds that:

  (a) the equipment is suitable for the examination or processing; and

     (b) the examination or processing can be carried out without damage to the equipment or the thing.

Use of electronic equipment at premises

"3L.(1) The executing officer or a constable assisting may operate electronic equipment at the premises to see whether evidential material is accessible by doing so if he or she believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment.

"(2)  If the executing officer or a constable assisting, after operating the equipment, finds that evidential material is accessible by doing so, he or she may:

    (a) seize the equipment and any disk, tape or other associated device; or

    (b) if the material can, by using facilities at the premises, be put in documentary form—operate the facilities to put the material in that form and seize the documents so produced; or

    (c) if the material can be transferred to a disk, tape or other storage device that:

      (i) is brought to the premises; or

        (ii) is at the premises and the use of which for the purpose has been agreed to in writing by the occupier of the premises;

    operate the equipment or other facilities to copy the material to the storage device and take the storage device from the premises.

  "(3) A constable may seize equipment under paragraph (2)(a) only if:

    (a) it is not practicable to put the material in documentary form as mentioned in paragraph (2)(b) or to copy the material as mentioned in paragraph (2)(c); or

    (b) possession by the occupier of the equipment could constitute an offence.

"(4)  If the executing officer or a constable assisting believes on reasonable grounds that:

    (a) evidential material may be accessible by operating