LAW 602 Lecture 5: LAW602 – Lecture 5*

• School: Ryerson University
• Department: Law and Business
• Course: LAW 602
• Professor: Eric Libman

Document Summary

Charter of rights: there is no specific constitutional right to privacy under the charter of rights and freedoms, charter right protects against government intrusion into the private sphere of the individual. The individual himself has to have a subjective expectation of privacy -> he has to believe that he had privacy to the item. Cases: police use airplane to fly over house, suspect it contains marijuana grow operation; plane detects heat patterns escaping from house, leads to police obtaining search warrant as a result. Poli(cid:272)e can become aware of the drug deal, and track accused without warrant. Reasonable expectations of privacy: us v skinner, us appeals court, 6th circuit (14 aug 2012) -> la(cid:449) e(cid:374)fo(cid:396)(cid:272)e(cid:373)e(cid:374)t did(cid:374)"t (cid:374)eed a (cid:449)a(cid:396)(cid:396)a(cid:374)t to t(cid:396)a(cid:272)k. Skinner through cell-site information, no reasonable expectation of privacy in data given off by his phone. Spot checks, random monitoring important way in which integrity of tax system can be maintained, no s. 8.