CRM 308 Lecture Notes - Lecture 2: Intrusiveness, Google

• School: Ryerson University
• Department: Criminology
• Course: CRM 308
• Professor: Daniel Alati

Document Summary

When this question is asked by quote we deal with the reasonable expectation of privacy. The key (cid:272)ase (cid:449)e dis(cid:272)ussed: (cid:862)the totality of (cid:272)ir(cid:272)u(cid:373)sta(cid:374)(cid:272)es test(cid:863) = r. (cid:448). Was grabbed by the throat by a police officer (in a pub) and taken down to the ground (common in drug cases, preventing a person from s(cid:449)allo(cid:449)i(cid:374)g (cid:862)e(cid:448)ide(cid:374)(cid:272)e(cid:863)(cid:895). They said it (cid:449)as to pre(cid:448)e(cid:374)t her fro(cid:373) destroyi(cid:374)g possessio(cid:374) of heroi(cid:374). The search in this case is obviously warrantless. The judge has found that the search was unreasonable. It was warrantless, and unlawful, because there was no evidence for why she was a suspect at all. In theory, a breach of section 8 can be justified by section 1 (reasonable limit clause?). A court could justify a limitation on section 8 right. In practice, it happens a lot often, because section. 24(2) of the charter is another element, regarding evidence that were retrieved unlawfully = this can exclude the evidence.