CRIM 330 Lecture 3: Search & Seizure pt 2
8 Apr 2017
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Crim330 lecture 3: search & seizure pt 2. S. 489. (1) entitled to seize anything in plain view. Power to search in exigent circumstances (in the code) Need to know if law meets constitutional minimum standards to determine if search is constitutional. If the law authorizes a search, it may be deemed to be lawful. There has apparently never been a case where a law has violated s. 8 and been saved by s. 1. However, most s. 8 cases are police conduct cases, where s. 1 is na. S. 24(2) is then brought into issue. R v collins (1987)(scc) burden of persuasion that charter has been violated normally falls on the accused. Burden shifts to crown for warrantless searches warrantless search. Lamer j attempts to lay down constitutional minimum standards for warrantless searches. 3. the manner of the search is reasonable. There is no automatic exception to the warrant requirement for vehicles.
