LAWS 3306 Lecture Notes - Lecture 2: Legal Aid, Exclusionary Rule, Only Time
7 Apr 2016
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Exists where there is a statutory or common law authorization and its carried out within in all the procedural requirements under the law ex. The aspects to determine if law is reasonable: Law is reasonable if there reasonable and probably grounds to believe that an offence has been committed and that evidence it to be found. If it requires evidence under oath under search and seizure. Can have a warrantless search under the control and substance act, can authorize police. Common law authorizes has created power of warrantless searches for people who are under detention. Once your under arrest they have the authority to search you and items near you if its reasonable to believe they are going to find evidence. The search or seizure was carried out in a reasonable manner: section 9: Everyone has the right not to be arbitrarily detained and imprisoned. Storrey scc 1990 case- very important- defined on what reasonable and probably grounds really is.
