CRIM 330 Lecture Notes - Lecture 10: Closed-Circuit Television, Frisking, Mellenthin
18 Jul 2018
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Crim 330 - lecture 10 - search & seizure cont"d. Did accused have direct interest of subject matter of search. Did accused have subjective expectation of privacy in subject matter of search. Was accused"s subjective expectation of privacy objectively reasonable, considering. Presence of accused at time of search. Ability to regulate access to place/thing searched (including right to admit/exclude others from place) There must be specific statutory/common law authority for search; Authorities must conform to procedural & substantive requirements of law authorizing search. Scope of search must remain w/i that which has been authorized by law. Warrants may only be authorized by legislation (no cl authority for warrants) There are few basic legal/constitutional requirements for legislation which provides for warrants. Warrants always must be obtained prior to search (prior authorization) There must be sufficient evidence for person to make judicial decision - factual basis for authorizing search must exist (in bc, justices of the.
