487.04 In this section and sections 487.05 to 487.09,

“adult” has the meaning assigned by subsection 2(1) of the Youth Criminal Justice Act ;

“designated offence” means a primary designated offence or a secondary designated offence;

“DNA” means deoxyribonucleic acid;

“forensic DNA analysis”

(a) in relation to a bodily substance that is taken from a person in execution of a warrant under section 487.05, means forensic DNA analysis of the bodily substance and the comparison of the results of that analysis with the results of the analysis of the DNA in the bodily substance referred to in paragraph 487.05(1)(b), and includes any incidental tests associated with that analysis, and

(b) in relation to a bodily substance that is provided voluntarily in the course of an investigation of a designated offence or taken from a person in execution of an order under section 487.051 or 487.052 or under an authorization under section 487.055 or 487.091, or a bodily substance referred to in paragraph 487.05(1)(b), means forensic DNA analysis of the bodily substance;

“primary designated offence” means

(a) an offence under any of the following provisions, namely,

(i) section 75 (piratical acts),

(i.01) section 76 (hijacking),

(i.02) section 77 (endangering safety of aircraft or airport),

(i.03) section 78.1 (seizing control of ship or fixed platform),

(i.04) subsection 81(1) (using explosives),

(i.05) section 83.18 (participation in activity of terrorist group),

(i.06) section 83.19 (facilitating terrorist activity),

(i.07) section 83.2 (commission of offence for terrorist group),

(i.08) section 83.21 (instructing to carry out activity for terrorist group),

(i.09) section 83.22 (instructing to carry out terrorist activity),

(i.1) section 83.23 (harbouring or concealing),

(i.11) section 151 (sexual interference),

(ii) section 152 (invitation to sexual touching),

(iii) section 153 (sexual exploitation),

(iv) section 155 (incest),

(v) subsection 212(4) (offence in relation to juvenile prostitution),

(vi) section 233 (infanticide),

(vii) section 235 (murder),

(viii) section 236 (manslaughter),

(ix) section 244 (causing bodily harm with intent),

(x) section 267 (assault with a weapon or causing bodily harm),

(xi) section 268 (aggravated assault),

(xii) section 269 (unlawfully causing bodily harm),

(xiii) section 271 (sexual assault),

(xiv) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm),

(xv) section 273 (aggravated sexual assault),

(xvi) section 279 (kidnapping),

(xvi.1) section 279.01 (trafficking in persons),

(xvii) section 279.1 (hostage taking),

(xviii) section 431 (attack on premises, residence or transport of internationally protected person),

(xix) section 431.1 (attack on premises, accommodation or transport of United Nations or associated personnel), and

(xx) subsection 431.2(2) (explosive or other lethal device),

(b) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 4, 1983, namely,

(i) section 144 (rape),

(ii) section 146 (sexual intercourse with female under fourteen and between fourteen and sixteen), and

(iii) section 148 (sexual intercourse with feeble-minded, etc.),

(c) an offence under paragraph 153(1)(a) (sexual intercourse with step-daughter, etc.) of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read from time to time before January 1, 1988,

(c.1) an offence under any of the following provisions of the Security of Information Act, namely,

(i) section 6 (approaching, entering, etc., a prohibited place),

(ii) subsection 20(1) (threats or violence), and

(iii) subsection 21(1) (harbouring or concealing), and

(d) an attempt to commit or, other than for the purposes of subsection 487.05(1), a conspiracy to commit an offence referred to in any of paragraphs (a) to (c);

“provincial court judge”, in relation to a young person, includes a youth justice court judge within the meaning of subsection 2(1) of the Youth Criminal Justice Act ;

“secondary designated offence” means

(a) an offence under any of the following provisions, namely,

(i) to (v) [Repealed, 2001, c. 41, s. 17]

(vi) subsection 160(3) (bestiality in the presence of or by child),

(vii) section 163.1 (child pornography),

(viii) section 170 (parent or guardian procuring sexual activity),

(ix) section 173 (indecent acts),

(x) section 220 (causing death by criminal negligence),

(xi) section 221 (causing bodily harm by criminal negligence),

(xii) subsection 249(3) (dangerous operation causing bodily harm),

(xiii) subsection 249(4) (dangerous operation causing death),

(xiv) section 252 (failure to stop at scene of accident),

(xv) subsection 255(2) (impaired driving causing bodily harm),

(xvi) subsection 255(3) (impaired driving causing death),

(xvii) section 266 (assault),

(xviii) section 269.1 (torture),

(xix) paragraph 270(1)(a) (assaulting a peace officer),

(xx) [Repealed, 2001, c. 41, s. 17]

(xxi) section 344 (robbery),

(xxii) subsection 348(1) (breaking and entering with intent, committing offence or breaking out),

(xxiii) subsection 430(2) (mischief that causes actual danger to life),

(xxiv) section 433 (arson — disregard for human life), and

(xxv) section 434.1 (arson — own property),

(b) an offence under any of the following provisions of the Criminal Code, as they read from time to time before July 1, 1990, namely,

(i) section 433 (arson), and

(ii) section 434 (setting fire to other substance), and

(c) an attempt to commit or, other than for the purposes of subsection 487.05(1), a conspiracy to commit an offence referred to in paragraph (a) or (b);

“young person” has the meaning assigned by subsection 2(1) of the Youth Criminal Justice Act .

1995, c. 27, s. 1; 1998, c. 37, s. 15; 2001, c. 41, s. 17; 2002, c. 1, s. 175; 2005, c. 43, s. 5.

487.05 (1) A provincial court judge who on ex parte application made in Form 5.01 is satisfied by information on oath that there are reasonable grounds to believe

(a) that a designated offence has been committed,

(b) that a bodily substance has been found or obtained

(i) at the place where the offence was committed,

(ii) on or within the body of the victim of the offence,

(iii) on anything worn or carried by the victim at the time when the offence was committed, or

(iv) on or within the body of any person or thing or at any place associated with the commission of the offence,

(c) that a person was a party to the offence, and

(d) that forensic DNA analysis of a bodily substance from the person will provide evidence about whether the bodily substance referred to in paragraph (b) was from that person

and who is satisfied that it is in the best interests of the administration of justice to do so may issue a warrant in Form 5.02 authorizing the taking, from that person, for the purpose of forensic DNA analysis, of any number of samples of one or more bodily substances that is reasonably required for that purpose, by means of the investigative procedures described in subsection 487.06(1).

(2) In considering whether to issue the warrant, the provincial court judge shall have regard to all relevant matters, including

(a) the nature of the designated offence and the circumstances of its commission; and

(b) whether there is

(i) a peace officer who is able, by virtue of training or experience, to take samples of bodily substances from the person, by means of the investigative procedures described in subsection 487.06(1), or

(ii) another person who is able, by virtue of training or experience, to take, under the direction of a peace officer, samples of bodily substances from the person, by means of those investigative procedures.

(3) Where a peace officer believes that it would be impracticable to appear personally before a judge to make an application for a warrant under this section, a warrant may be issued under this section on an information submitted by telephone or other means of telecommunication and, for that purpose, section 487.1 applies, with such modifications as the circumstances require, to the warrant.

1995, c. 27, s. 1; 1997, c. 18, s. 44; 1998, c. 37, s. 16.

487.051 (1) Subject to section 487.053, if a person is convicted, discharged under section 730 or, in the case of a young person, found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act of a designated offence, the court

(a) shall, subject to subsection (2), in the case of a primary designated offence, make an order in Form 5.03 authorizing the taking, from that person, for the purpose of forensic DNA analysis, of any number of samples of one or more bodily substances that is reasonably required for that purpose, by means of the investigative procedures described in subsection 487.06(1); or

(b) may, in the case of a secondary designated offence, make an order in Form 5.04 authorizing the taking of such samples if the court is satisfied that it is in the best interests of the administration of justice to do so.

(2) The court is not required to make an order under paragraph (1)(a) if it is satisfied that the person or young person has established that, were the order made, the impact on the person’s or young person’s privacy and security of the person would be grossly disproportionate to the public interest in the protection of society and the proper administration of justice, to be achieved through the early detection, arrest and conviction of offenders.

(3) In deciding whether to make an order under paragraph (1)(b), the court shall consider the criminal record of the person or young person, the nature of the offence and the circumstances surrounding its commission and the impact such an order would have on the person’s or young person’s privacy and security of the person and shall give reasons for its decision.

1998, c. 37, s. 17; 2002, c. 1, s. 176.

487.052 (1) Subject to section 487.053, if a person is convicted, discharged under section 730 or, in the case of a young person, found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act, of a designated offence committed before the coming into force of subsection 5(1) of the DNA Identification Act, the court may, on application by the prosecutor, make an order in Form 5.04 authorizing the taking, from that person or young person, for the purpose of forensic DNA analysis, of any number of samples of one or more bodily substances that is reasonably required for that purpose, by means of the investigative procedures described in subsection 487.06(1), if the court is satisfied that it is in the best interests of the administration of justice to do so.

(2) In deciding whether to make the order, the court shall consider the criminal record of the person or young person, the nature of the offence and the circumstances surrounding its commission and the impact such an order would have on the person’s or young person’s privacy and security of the person and shall give reasons for its decision.

1998, c. 37, s. 17; 2002, c. 1, s. 177.

487.053 An order shall not be made under section 487.051 or 487.052 if the prosecutor advises the court that the national DNA data bank, established under the DNA Identification Act, contains a DNA profile, within the meaning of section 2 of that Act, of the person or young person in question.

1998, c. 37, s. 17; 2000, c. 10, s. 14.

487.054 The offender or the prosecutor may appeal from a decision of the court made under subsection 487.051(1) or 487.052(1).

1998, c. 37, s. 17.

487.055 (1) A provincial court judge may, on ex parte application made in Form 5.05, authorize in Form 5.06 the taking, for the purpose of forensic DNA analysis, of any number of samples of bodily substances that is reasonably required for that purpose, by means of the investigative procedures described in subsection 487.06(1), from a person who, before June 30, 2000,

(a) had been declared a dangerous offender under Part XXIV;

(b) had been declared a dangerous offender or a dangerous sexual offender under Part XXI of the Criminal Code, being chapter C-34 of the Revised Statutes of Canada, 1970, as it read from time to time before January 1, 1988;

(c) had been convicted of murder;

(d) had been convicted of a sexual offence within the meaning of subsection (3) and, on the date of the application, is serving a sentence of imprisonment of at least two years for that offence; or

(e) had been convicted of manslaughter and, on the date of the application, is serving a sentence of imprisonment of at least two years for that offence.

(2) The application shall be accompanied by a certificate referred to in paragraph 667(1)(a) that establishes that the person is a person referred to in subsection (1). The certificate may be received in evidence without giving the notice referred to in subsection 667(4).

(3) For the purposes of subsection (1), “sexual offence” means

(a) an offence under any of the following provisions, namely,

(i) section 151 (sexual interference),

(ii) section 152 (invitation to sexual touching),

(iii) section 153 (sexual exploitation),

(iv) section 155 (incest),

(v) subsection 212(4) (offence in relation to juvenile prostitution),

(vi) section 271 (sexual assault),

(vii) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm), and

(viii) section 273 (aggravated sexual assault);

(a.1) an offence under subsection 348(1) if the indictable offence referred to in that subsection is a sexual offence within the meaning of paragraph (a), (b), (c) or (d);

(b) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 4, 1983, namely,

(i) section 144 (rape),

(ii) section 146 (sexual intercourse with female under fourteen or between fourteen and sixteen),

(iii) section 148 (sexual intercourse with feeble-minded, etc.),

(iv) section 149 (indecent assault on female),

(v) section 156 (indecent assault on male), or

(vi) section 157 (acts of gross indecency);

(c) an offence under paragraph 153(1)(a) (sexual intercourse with step-daughter, etc.) of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read from time to time before January 1, 1988; and

(d) an attempt to commit an offence referred to in any of paragraphs (a) to (c).

(3.1) In deciding whether to grant an authorization under subsection (1), the court shall consider the person’s criminal record, the nature of the offence and the circumstances surrounding its commission and the impact such an authorization would have on the privacy and security of the person and shall give reasons for its decision.

(4) A summons shall be directed to a person referred to in subsection (1) who is on conditional release requiring the person to report at the place, day and time set out in the summons in order to submit to the taking from the person of samples of bodily substances under an authorization granted under that subsection and setting out the matters referred to in paragraphs 487.07(1)(b) to (e).

(5) The summons shall be accompanied by a copy of the authorization referred to in subsection (1) and be served by a peace officer who shall either deliver it personally to the person to whom it is directed or, if that person cannot conveniently be found, leave it for the person at their latest or usual place of residence with any person found there who appears to be at least sixteen years of age.

(6) Service of a summons may be proved by the oral evidence, given under oath, of the peace officer who served it or by the peace officer’s affidavit made before a justice of the peace or other person authorized to administer oaths or to take affidavits.

(7) The text of subsection (8) shall be set out in the summons.

(8) If the person to whom a summons is directed does not report at the place, day and time set out in the summons, a justice of the peace may issue a warrant for the arrest of the person in order to allow the taking of samples of bodily substances from the person under the authorization.

(9) The warrant shall name or describe the person and order that the person be arrested without delay for the purpose of allowing the taking from them of samples of bodily substances under the authorization.

(10) A warrant issued under subsection (8) remains in force until it is executed and need not be made returnable at any particular time.

1998, c. 37, s. 17; 2000, c. 10, s. 15; 2005, c. 25, s. 5.

487.056 (1) Samples of bodily substances referred to in sections 487.051 and 487.052 shall be taken at the time the person is convicted, discharged under section 730 or, in the case of a young person, found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act, or as soon as is feasible afterwards, even though an appeal may have been taken.

(2) Samples of bodily substances referred to in section 487.055 or 487.091 shall be taken as soon as is feasible after the authorization referred to in that section is granted.

(3) The samples shall be taken by a peace officer, or another person acting under the direction of a peace officer, who is able, by virtue of training or experience, to take them.

1998, c. 37, s. 17; 2000, c. 10, s. 16; 2002, c. 1, s. 179(E).

487.057 (1) A peace officer who is authorized to take, or cause to be taken under the direction of the peace officer, samples of bodily substances from a person in execution of a warrant under section 487.05 or an order under section 487.051 or 487.052 or under an authorization under section 487.055 or 487.091 shall, as soon as is feasible after the samples have been taken, make a written report in Form 5.07 and cause the report to be filed with

(a) the provincial court judge who issued the warrant or granted the authorization, or another judge of that provincial court; or

(b) the court that made the order.

(2) The report shall include

(a) a statement of the time and date the samples were taken; and

(b) a description of the bodily substances that were taken.

1998, c. 37, s. 17; 2000, c. 10, s. 17.

487.058 No peace officer or person acting under the direction of a peace officer incurs any criminal or civil liability for anything necessarily done with reasonable care and skill in the taking of samples of bodily substances from a person in execution of a warrant under section 487.05 or an order under section 487.051 or 487.052 or under an authorization under section 487.055 or 487.091.

1998, c. 37, s. 17; 2000, c. 10, s. 18.

487.06 (1) A peace officer or another person under the direction of a peace officer is authorized to take samples of bodily substances from a person by a warrant under section 487.05 or an order under section 487.051 or 487.052 or an authorization under section 487.055 or 487.091, by any of the following means:

(a) the plucking of individual hairs from the person, including the root sheath;

(b) the taking of buccal swabs by swabbing the lips, tongue and inside cheeks of the mouth to collect epithelial cells; or

(c) the taking of blood by pricking the skin surface with a sterile lancet.

(2) The warrant, order or authorization shall include any terms and conditions that the provincial court judge or court, as the case may be, considers advisable to ensure that the taking of the samples authorized by the warrant, order or authorization is reasonable in the circumstances.

(3) A peace officer, or any person acting under a peace officer’s direction, who is authorized to take samples of bodily substances from a person by an order under section 487.051 or 487.052 or an authorization under section 487.055 or 487.091 may take fingerprints from the person for the purpose of the DNA Identification Act.

1995, c. 27, s. 1; 1998, c. 37, s. 18; 2000, c. 10, s. 19.

487.07 (1) Before taking samples of bodily substances from a person, or causing samples of bodily substances to be taken from a person under the direction of a peace officer, in execution of a warrant under section 487.05 or an order under section 487.051 or 487.052 or under an authorization under section 487.055 or 487.091, the peace officer shall inform the person from whom the samples are to be taken of

(a) the contents of the warrant, order or authorization;

(b) the nature of the investigative procedures by means of which the samples are to be taken;

(c) the purpose of taking the samples;

(d) the authority of the peace officer and any other person under the direction of the peace officer to use as much force as is necessary for the purpose of taking the samples; and

(d.1) [Repealed, 2000, c. 10, s. 20]

(e) in the case of samples of bodily substances taken in execution of a warrant,

(i) the possibility that the results of forensic DNA analysis may be used in evidence, and

(ii) if the sample is taken from a young person, the rights of the young person under subsection (4).

(2) A person from whom samples of bodily substances are to be taken may

(a) be detained for that purpose for a period that is reasonable in the circumstances; and

(b) be required to accompany a peace officer for that purpose.

(3) A peace officer who takes samples of bodily substances from a person, or a person who takes such samples under the direction of a peace officer, shall ensure that the person’s privacy is respected in a manner that is reasonable in the circumstances.

(4) A young person against whom a warrant is executed has, in addition to any other rights arising from his or her detention under the warrant,

(a) the right to a reasonable opportunity to consult with, and

(b) the right to have the warrant executed in the presence of

counsel and a parent or, in the absence of a parent, an adult relative or, in the absence of a parent and an adult relative, any other appropriate adult chosen by the young person.

(5) A young person may waive his or her rights under subsection (4) but any such waiver

(a) must be recorded on audio tape or video tape or otherwise; or

(b) must be made in writing and contain a statement signed by the young person that he or she has been informed of the right being waived.

1995, c. 27, ss. 1, 3; 1998, c. 37, s. 19; 2000, c. 10, s. 20.

487.071 (1) There shall be transmitted to the Commissioner of the Royal Canadian Mounted Police for entry in the convicted offenders index of the national DNA data bank established under the DNA Identification Act the results of forensic DNA analysis of bodily substances that are taken in execution of an order under section 487.051 or 487.052 or an authorization under section 487.055 or 487.091.

(2) Any portions of samples of bodily substances referred to in subsection (1) that are not used in forensic DNA analysis shall be transmitted to the Commissioner of the Royal Canadian Mounted Police for the purposes of the DNA Identification Act.

1998, c. 37, s. 20; 2000, c. 10, s. 21.

487.08 (1) No person shall use bodily substances that are taken in execution of a warrant under section 487.05 or under section 196.12 of the National Defence Act except to use them for the purpose of forensic DNA analysis in the course of an investigation of a designated offence.

(1.1) No person shall use bodily substances that are taken in execution of an order under section 487.051 or 487.052, under an authorization under section 487.055 or 487.091, in execution of an order under section 196.14 or 196.15 of the National Defence Act, or under an authorization under section 196.24 of that Act except

(a) to use them for the purpose of forensic DNA analysis; or

(b) to transmit any portions of samples of those bodily substances that are not used in forensic DNA analysis to the Commissioner of the Royal Canadian Mounted Police under subsection 487.071(2).

(2) No person shall use the results of forensic DNA analysis of bodily substances that are taken in execution of a warrant under section 487.05 or under section 196.12 of the National Defence Act except

(a) in the course of an investigation of the designated offence or any other designated offence in respect of which a warrant was issued or a bodily substance was found in the circumstances described in paragraph 487.05(1)(b) or in paragraph 196.12(1)(b) of the National Defence Act; or

(b) in any proceeding for such an offence.

(2.1) No person shall use the results of forensic DNA analysis of bodily substances that are taken in execution of an order under section 487.051 or 487.052 or under an authorization under section 487.055 or 487.091, or in execution of an order under section 196.14 or 196.15 of the National Defence Act, or under an authorization under section 196.24 of that Act, except to transmit them to the Commissioner of the Royal Canadian Mounted Police.

(3) Every person who contravenes subsection (1) or (2) is guilty of an offence punishable on summary conviction.

(4) Every person who contravenes subsection (1.1) or (2.1)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

(b) is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $2,000 or to imprisonment for a term not exceeding six months, or to both.

1995, c. 27, s. 1; 1998, c. 37, s. 21; 2000, c. 10, s. 22.

487.09 (1) Subject to subsection (2), bodily substances that are taken from a person in execution of a warrant under section 487.05 and the results of forensic DNA analysis shall be destroyed or, in the case of results in electronic form, access to those results shall be permanently removed, without delay after

(a) the results of that analysis establish that the bodily substance referred to in paragraph 487.05(1)(b) was not from that person;

(b) the person is finally acquitted of the designated offence and any other offence in respect of the same transaction; or

(c) the expiration of one year after

(i) the person is discharged after a preliminary inquiry into the designated offence or any other offence in respect of the same transaction,

(ii) the dismissal, for any reason other than acquittal, or the withdrawal of any information charging the person with the designated offence or any other offence in respect of the same transaction, or

(iii) any proceeding against the person for the offence or any other offence in respect of the same transaction is stayed under section 579 or under that section as applied by section 572 or 795,

unless during that year a new information is laid or an indictment is preferred charging the person with the designated offence or any other offence in respect of the same transaction or the proceeding is recommenced.

(2) A provincial court judge may order that the bodily substances that are taken from a person and the results of forensic DNA analysis not be destroyed during any period that the provincial court judge considers appropriate if the provincial court judge is satisfied that the bodily substances or results might reasonably be required in an investigation or prosecution of the person for another designated offence or of another person for the designated offence or any other offence in respect of the same transaction.

(3) Bodily substances that are provided voluntarily by a person and the results of forensic DNA analysis shall be destroyed or, in the case of results in electronic form, access to those results shall be permanently removed, without delay after the results of that analysis establish that the bodily substance referred to in paragraph 487.05(1)(b) was not from that person.

1995, c. 27, s. 1; 1998, c. 37, s. 22.

487.091 (1) If a DNA profile could not be derived from the bodily substances that were taken from a person in execution of an order under section 487.051 or 487.052 or under an authorization under section 487.055, a provincial court judge may, on ex parte application made in Form 5.08 within a reasonable time after it is determined that the DNA profile could not be derived, grant an authorization in Form 5.09 authorizing the taking, from that person, for the purpose of forensic DNA analysis, of any number of additional samples of bodily substances that is required for that purpose, by means of the investigative procedures described in subsection 487.06(1).

(2) The application shall state the reasons why a DNA profile could not be derived from the bodily substances that were taken from the person under the initial order or authorization.

(3) Subsections 487.055(4) to (10) apply, with any modifications that the circumstances require and without regard to the words “referred to in subsection (1) who is on conditional release” in subsection 487.055(4), in respect of any person who is not in custody and from whom bodily substances are authorized to be taken under this section.

1998, c. 37, s. 23; 2000, c. 10, s. 23.

487.092 (1) A justice may issue a warrant in writing authorizing a peace officer to do any thing, or cause any thing to be done under the direction of the peace officer, described in the warrant in order to obtain any handprint, fingerprint, footprint, foot impression, teeth impression or other print or impression of the body or any part of the body in respect of a person if the justice is satisfied

(a) by information on oath in writing that there are reasonable grounds to believe that an offence against this or any other Act of Parliament has been committed and that information concerning the offence will be obtained by the print or impression; and

(b) that it is in the best interests of the administration of justice to issue the warrant.

(2) A warrant issued under subsection (1) shall contain such terms and conditions as the justice considers advisable to ensure that any search or seizure authorized by the warrant is reasonable in the circumstances.

(3) Subsections 487(2) and (4) apply, with such modifications as the circumstances require, to a warrant issued under subsection (1).

(4) Where a peace officer believes that it would be impracticable to appear personally before a justice to make an application for a warrant under this section, a warrant may be issued under this section on an information submitted by telephone or other means of telecommunication and, for that purpose, section 487.1 applies, with such modifications as the circumstances require, to the warrant.

1997, c. 18, s. 45; 1998, c. 37, s. 23.