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January 2017 Archives

Searches for Drugs: What is an ITO?

An I.T.O. or Information To Obtain, is a document filed by a police officer to a Judge seeking authorization to obtain a search warrant, often to look for evidence of drug offences. This document is accompanied by an affidavit of the officer. The affidavit, a document he swears to be true, lists out the reasons the officer is seeking the search warrant. A Judge reviews the ITO, and the affidavit, and decides whether or not to issue the search warrant.

Searching Cellphones in Drug Offence Cases

In mid-December, a colleague of mine, Jon Doody, wrote a blog post regarding the rights of police to search a residence when conducting an investigation, such as into drug offences. He outlined the ways in which police may enter a person's residence and search. A common way for the police to search a residence is by obtaining a search warrant, which Mr. Doody explained was a document that the police obtain from a judicial officer.

Sentencing: Absolute and Conditional Discharges

The human condition is such that even a person of good character could make a mistake and commit a criminal offence. In some cases there is no possibility of an acquittal or having the charge withdrawn and a finding of guilt may be inevitable. The next step is sentencing. However, their future need not be ruined as a result of this mistake. Merely because a person pleads guilty or is found guilty after trial does not mean the person must have a record of criminal conviction.

Can anime be child pornography?

There has been a steady increase in child pornography proseuctions over the last 10 years, partly as a result on the ease at which it can be found online. In some cases it is relatively easy to determine what constitutes child pornography, for instance videos or photographs depicting young children involved in sexual activities. In other cases, it may be more difficult. One example of that is in the ares of cartoons or anime. Do they constitute child pornography or not? The answer is that it depends.

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