LAWS 3306 Lecture Notes - Lecture 3: Voir Dire, Custodial Interrogation, Exclusionary Rule
13 May 2017
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The charter of rights and freedoms: constitution act of 1982. The police of cer that is arresting you must subjectively believe that there is reasonable grounds that you committed the offence. A reasonable person in the position of the of cer would also conclude that there are reasonable and probable grounds for the arrest (objective) Police have no power in the absence of reasonable grounds cant arrest you to further the suspicion to further search you. Monday, january 23, 2017: factors: what are the circumstances of the encounter, and where the police providing general assistance, order, etc or are they focusing in on the speci c person. Police conduct is important, how are they speaking to you. What is the duration of the encounter. Then look into the accused, age, physical, minority status, sophistication: arbitrary detention: if its not authorized by law, meaning its unlawful. Might not be just the written law but judge made law (common law)
