JUST*1020 Lecture Notes - Lecture 4: Plain View Doctrine, Exigent Circumstance, Writ Of Assistance
Document Summary
Search: looking for things, including the spoken words to be used as evidence of an offence. Seizure: the taking of a thing from a person without their consent by a public authority for a lawful purpose. The presumption is that search requires a warrant. A search is an invasion of privacy. An invasion of privacy without a warrant is presumed to be an unreasonable search and therefore a breach of section 8 of the charter unless we can justify the search using the exceptions where no warrant is required. A search will be reasonable and therefore valid if that search: A search and or seizure that is conducted without lawful authority: or with malice. Consequences are: criminal liability, civil liability, charter remedy. Plain view doctrine (with or w/o warrant) Items that could be used to cause injury, You can search more than once: at scene, at police car, at station. As with everything, it must be reasonable.
