LAWS 3306 Lecture Notes - Lecture 2: Arbitrary Arrest And Detention, Police Misconduct, Breathalyzer
30 Mar 2016
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Document Summary
Ater 1982 many new acts came out, especially for the accused. The charter of rights and freedoms (today"s class focus on one"s that afect police) Everyone has the right to be secure against unreasonable search or seizure. Prety vague by unreasonable, courts are to decide the deiniion of it. An accused person must demonstrate that he or she has a reasonable expectaion of privacy in the place which which was searched or which was seized. Diferent things atract diferent levels of privacy, eg. a vehicle has less expectaion than a home for privacy. If you own a home, you have a higher expectaion of privacy than a person who is staying over for the night. In order to atract this protecion you need to show that you have some expectaion of privacy. Warrantless searches it is presumed to be unreasonable and violate sect. This presumpion that is created by the jurisprudence can be rebuted by the crown.
