LAWS 3306 Lecture Notes - Lecture 3: Arbitrary Arrest And Detention, Due Process, Breathalyzer
19 Feb 2016
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Police: the charter of rights & freedoms, charter application, due process revolution and retreat, due process or crime control, the charter of rights & freedoms. A) section 8= search & seizure ( all of these sections are listed under the legal rights under the charter) Everyone has the right to be secure against unreasonable search and seizure, detention or imprisonment. The courts define what these rights means and how they should be applied. (supreme court) An accused must demonstrate that they have a reasonable expectation of privacy in the place of theirs that was searched. Expectation of privacy has different levels (ie: the home has the most expectation of privacy where as a vehicle would have a lower expectation of privacy then a home. The persons connection to that place or thing will be what determines the courts expectation of privacy) Warrantless searchers are presumed to be unreasonable so it violates section 8 of the charter.
