Section 489(2): No Warrant? No Problem!
Section 489(2) in the Criminal Code permits seizures of material without a warrant on two conditions: firstly, that the officer be lawfully present; and secondly, that the officer believes on reasonable grounds that the seized property has been used in or for the commission of an offense.Intuitively this power must be considered specifically with an eye to section 8 of the Charter of Rights and Freedoms against unlawful searches and seizures.
