LAWS 3306 Lecture Notes - Lecture 3: Controlled Drug In The United Kingdom, Arbitrary Arrest And Detention
9 Feb 2016
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Legal rights section 8, 9 and 10 a and b. Section 8: everyone has the right to be secure against unreasonable search or seizure. The scc has their own definition of what unreasonable means. Two types of searches: warrant and warrantless (this is presumed unreasonable and violates section 8 of the charter. Drinking and driving (they need reasonable suspicion of alcohol in your body) Controlled drug and substances act (section 11 says police can search and seize if there could be a destruction of evidence. Common law authority(judge made): when you are arrested an officer has the right to search you for their safety (a pat down, etc). Factual guilt: reasonable and probable grounds that an offence has been committed. Legal guilt: proof beyond a reasonable doubt, proven by the courts. Section 9: everyone has the right not to be arbitrary detained or imprisoned. Scc story 1990: defines reasonable and probable grounds.
