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NCJRS Abstract

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NCJ Number: 97657 Add to Shopping cart Find in a Library
Title: Post-Seizure Procedures
Corporate Author: Law Reform Cmssn of Canada
Canada
Date Published: 1985
Page Count: 178
Sponsoring Agency: Law Reform Cmssn of Canada
Ottawa, Ontario K1A OL6, Canada
National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
Sale Source: Law Reform Cmssn of Canada
130 Albert Street
Ottawa, Ontario K1A OL6,
Canada

National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Document: PDF
Language: English; French
Country: Canada
Annotation: This Canadian working paper establishes a framework to govern detention and disposition of seized property, including property seized under a custody order. Fourteen recommendations are offered.
Abstract: The application of this framework is not dependent upon whether the items were seized pursuant to a search warrant. Under this plan, judicial control is to be asserted over all items seized under custody orders made by a justice on the basis of postseizure reports and return warrants. Also included are procedures to govern access to items detained under a custody order, and provisions to limit the duration of the custody order. Essential elements of the framework include the following: (1) evidence of an offense should be seized and detained for use in criminal investigations and prosecutions, (2) illegally taken property should be seized and detained in order to facilitate its return to the person demonstrating a proprietary interest, and (3) absolute contraband should be seized to enforce the prohibition against possession. The paper discusses the intrusive nature of search, seizure, and detention; reasons for requiring detention of seized items; help available to victims and the hardship imposed on victims by not being able to use their seized property; and costs and benefits of this new plan to the police. Recommendations dealing with postseizure control highlight the need for accountability mechanisms and judicial control over seized items, for reporting requirements and custody orders, and for access to court records and documents as well as items seized and detained. Additionally, recommendations concerning the issues of detention and disposition, illegal seizures and evidence, and contraband are included. Restoration applications are recommended, and the need for notice provisions is cited. Recommendations concerning accurate records, property rights, competing claims, and appeals are also offered. A total of 170 footnotes are provided.
Index Term(s): Canada; Law reform; Search and seizure; Stolen property recovery; Victims of Crime
Note: Working paper number 39
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=97657

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