Fouille d’inventaire

Fr

Cette page a été mise à jour ou révisée de manière substantielle pour la dernière fois January 2020. (Rev. # 12102)

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Principes généraux

Certain provincial vehicle Acts permit an officer to conduct an inventory search of a vehicle that is being impounded. This also applies where a vehicle is being seized due to being parked in an unsafe location.

Rationale

The rationale for the power to do an inventory does not flow from the nature of the investigation but rather is based on the interests of:

• person who owns the property and wishes the police to safeguard the property while it is in police custody;
• public safety who are concerned contraband being held by police or in authorized storage facilities;
• police desire to protect against civil liability for loss or damage to property found in the vehicle.

Towing Vehicle

A decision on the part of police to have a vehicle towed does not necessarily always justify an inventory search. The police should turn their mind to other options besides impounding the vehicle.

Contents of Bags

The power to conduct inventory searches of vehicles may also permit the opening and examining of the contents of bags found within the vehicle.

Inventory searches do not extent to situations where an officer is assisting a sheriff's officer in executing an eviction order, such that bags are opened for examination.

Use of Evidence Discovered on Inventory Search

Where police are entitled to inventory the contents of a vehicle when impounded, the Crown may not be permitted to tender the fruits of the inventory search as it would not be "authorized by law." However, some authority suggests a statutory power to impound includes a power to tender the fruits of search.

Voir également

• Detention Order for Things Seized Under Section 489 or 487.11