LAWS 3306 Lecture Notes - Lecture 2: Breathalyzer, Miranda Warning, Controlled Drug In The United Kingdom
14 Mar 2016
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Lecture 2: the police: the charter of rights and freedoms. It is up to the courts to define each of these rights and their jurisdictive protections: section 8 search and seizure. Accused must demonstrate that they have a reasonable expectation of privacy when dealing with the place that was searched. There are different levels of privacy including: the home, your car, and your office. Levels of privacy vary: for example if you are the homeowner vs. if you are just spending the night. Warrantless searches (no prior judicial authorization) are presumed to be unreasonable, necessarily violating section 8 of the charter. Crown can rebut this presumption created by jurisprudence if it complies with the charter. Crown has to show three things: 1) that the search was authorized by law, 2) that the law is reasonable, and 3) that the search or seizure was carried out in a reasonable manner.
