R v Ricciardi

Document Type

Response or Comment

Publication Date



Charter, Unreasonable Search and Seizure


Section 489(2) is an example of a Criminal Code section which can be read to mean something other than it means. It is a power allowing a peace officer or public officer who "is lawfully present in a place pursuant to a warrant or otherwise in the execution of duties" to seize evidence of a crime. Although s. 489 does not precisely overlap with the plain view doctrine, it is close to being a codification of that, expanding the scope of that power slightly.