Most people don’t expect to be stopped and searched by police without a warrant. But it happens, and when it does, knowing your rights isn’t optional. It’s critical.
In Alberta, warrantless searches are highly scrutinized under Canadian Law. Police officers must follow strict legal standards when searching your home, vehicle, or personal belongings without a warrant. If they don’t, any evidence they gather could be challenged and even excluded in court.In this blog, we’ll break down your rights under Canadian law, what police are and are not allowed to do without a warrant, and what your legal options are if you’re facing charges after an unlawful search.
Why Warrantless Searches Are Legally Risky For Police
Canadian citizens are protected under the Charter of Rights and Freedoms, specifically Section 8, which guarantees everyone the right to be secure against unreasonable search or seizure. This applies to your home, your phone, your bag, and even your vehicle.
A warrantless search is only allowed in specific situations. If law enforcement acts outside of these limits, the search may be ruled unconstitutional, and any resulting evidence could be thrown out. That can have a major impact on your case.
To review your rights in detail, visit the official Justice Canada Charter overview.
When Can Police Search Without A Warrant In Alberta?
Not every search requires a warrant, but the exceptions are limited and tightly controlled.
Lawful Exceptions To The Warrant Requirement
Here are some situations where police can conduct a legal search without needing a judge’s approval in advance:
- Consent-Based Searches: If you voluntarily give informed consent.
- Search Incident To Arrest: If you are lawfully arrested, police may search you and your immediate surroundings.
- Exigent Circumstances: This includes emergencies where there’s a risk to life or evidence may be destroyed.
- Vehicle Searches: Under certain conditions, such as impaired driving investigations or visible contraband.
- Border or Customs Inspections: Separate from criminal law but still legally valid under federal rules.
What the Police Cannot Do Without A Warrant?
There are firm limits. Officers generally cannot:
- Enter and search your home without a warrant (unless it’s an emergency).
- Go through your phone, laptop, or other personal devices without legal grounds.
- Search your property based on suspicion alone. They must have justifiable cause and legal authority.
What To Do If You’re Searched Without A Warrant
If you’re in this situation, it’s important to stay calm and avoid confrontation, but also remember that you don’t have to comply with everything.
Here’s what you can do:
- Clearly state, ‘I do not consent to this search.’
- Do not resist physically, but you have the right to verbally object.
- Do not answer questions or provide explanations. You are not obligated to help build a case against yourself.
- Ask to speak to a lawyer immediately.
- Document everything: the time, location, names or badge numbers, and exactly what was searched.
This is not about being uncooperative. It’s about asserting your rights under the law.
Can Evidence From An Illegal Search Be Thrown Out?
Yes, and this can be a turning point in your defence.
Under Section 24(2) of the Charter of Rights and Freedoms, if evidence is obtained in a way that infringes your rights, it may be excluded if admitting it would bring the administration of justice into disrepute.
Courts look at factors such as:
- How serious the police misconduct was
- How the search impacted your rights
- The importance of upholding Charter values
If your case involved a questionable search, a criminal defence lawyer can file a Charter application and argue to exclude the evidence.
How A Criminal Defence Lawyer Can Help
Navigating criminal charges after a warrantless search is not something you should do alone.
A defence lawyer can:
- Review the legality of the police conduct
- Determine if your Charter rights were violated
- File the necessary motions to suppress evidence
- Represent you in pre-trial proceedings where admissibility is challenged
- Provide realistic legal guidance for your next steps
Your case may not go to trial, but how your defence is handled early on, including how search issues are addressed, can affect the entire outcome.
Know Your Rights, Protect Your Case
Police officers are not above the law. If you’ve been searched without a warrant, you are not powerless. The law in Alberta is clear: you have rights, and if those rights are violated, there may be legal remedies available.
The sooner you speak with an experienced criminal defence lawyer, the better positioned you’ll be to protect yourself and your future.
About Us
At Daryl Royer Criminal Law, we focus solely on criminal defence and have extensive experience defending clients charged with offences arising from warrantless searches.
With a deep understanding of Alberta’s legal landscape and the Charter of Rights and Freedoms, we’re committed to providing strong legal representation for people in Edmonton and surrounding areas.
Whether you’re facing drug charges, weapons offences, or any criminal charge connected to an unlawful search, we can help you understand your legal options and build a defence rooted in your rights.