Can police seize my belongings if I haven't been criminally charged

 Police officers in Canada are allowed to seize an individual’s personal belongings even in circumstances where that person has not been criminally charged. Section 489(1) of the Criminal Code allows police officers to seize items as part of a criminal investigation, and section 490 outlines how long police are able to hold those items in their possession. If you’re confused as to whether police are allowed to hold your items under law, an experienced Edmonton criminal lawyer can help you determine if you’re able to get your personal items back.

 

What is Section 489(1) of the Criminal Code?

Section 489(1) sets out the procedure that police must follow when they take an individual’s property. This is true whether or not police have a warrant when the items are seized. This also includes items which are seized as part of a search following an arrest. Whenever a police officer seizes items under section 489(1), the police officer must file a Form 5.2 to a Justice. If a certain Justice authorized the search, the form must be filed with that Justice.

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