In United States criminal law, probable cause is the standard for police to obtain an arrest or search warrant. In Canada, police must have reasonable grounds to believe an offence has been committed before arresting and/or charging someone with a criminal offence. To obtain a search warrant, they also require reasonable grounds to believe that a crime has been committed and that evidence will be found at the location to be searched.

Reasonable suspicion is a lower standard for police searches, where police believe a criminal offence has possibly been committed. This standard applies in certain situations. For example, to use a sniffer dog, police only need to have reasonable suspicion of a drug-related offence. They also only need reasonable suspicion to obtain a warrant for transmission data (e.g., data about when texts were sent and received, not the content of the messages themselves), or to detain someone pursuant to an investigation.

Generally, the more invasive the search, the more evidence the police need before performing it. Strip searches and warrants for DNA, for example, are subject to very high standards for prior authorization. Searches that do not meet the relevant standard may be in violation of your Charter rights. If you think the police arrested or searched you without proper authorization, talk to your lawyer. They can help you assess whether your rights were violated, and potentially get the evidence excluded at trial.

If you have been criminally charged you must contact a lawyer as soon as possible to build a strong defence. Call us at (905) 541-2228 or fill out a free consultation form to get in touch with our team today.