L'exécution d'un mandat de perquisition qui s'étend au delà de 21h00 ne devient pas invalide de ce fait

R. v. Gallinger, 2012 ONCJ 600 (CanLII)

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[53]                  The defence argued that the police remained in the residence past 8:59pm the time set out by the telewarrant and that this continued presence was a violation of the warrant. I find that there was no violation as the police clearly entered the residence within the prescribed time frame. As set out in R. v. Woodall [1993] O.J. No. 4001 (OCA) the warrant authorized entry by that time. It did not require exit by that time. This principle was recently supported in the decision of R. v. Rafferty [2012] O.J. No. 2132 at paragraph 28:

“The law is clear that once the police enter the premises within the time frame specified in the search warrant, as they did here, the warrant remains operative until the police complete their search and finally leave the premises.”