Law Society of Ontario (LSO) Paralegal Practice Exam

What must an "information to obtain" a warrant include?

1. The name of the law enforcement officer involved

2. The details of the suspect's criminal history

3. The offense, evidence to be seized, and reasonable grounds

4. A list of potential witnesses

The correct answer is: The offense, evidence to be seized, and reasonable grounds

An "information to obtain" a warrant must include the offense, the evidence to be seized, and reasonable grounds to believe that the evidence is located at the specified place. This requirement ensures that the issuing authority has a clear understanding of the legal basis for the warrant, the specific crime that is being investigated, and the connection between the evidence sought and the alleged offense. Including the offense is crucial because it frames the legal context for the warrant, detailing what crime law enforcement is investigating. The evidence to be seized must be specifically identified to prevent the invasion of privacy and to ensure that only relevant items are pursued. Moreover, reasonable grounds establish the necessity and justification for the warrant, supporting that there is a factual basis for the belief that evidence related to the offense will indeed be found at the location specified. The other aspects, such as the identity of the law enforcement officer, the suspect's criminal history, and a list of potential witnesses, do not constitute the essential elements needed in the "information to obtain." While they may provide additional context, they are not strictly required for the issuance of the warrant itself. Maintaining a focused and precise scope in the application for a warrant is vital to uphold legal standards and protect the rights of individuals against unreasonable searches.