CRIM 330 Lecture Notes - Lecture 3: Consent Search, Strip Search, Handcuffs
25 Jan 2017
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Week 3 lec 3 jan 23: brezack (1949)(ont. c. a. ) Held: yes, search was incident to a lawful arrest. Held to be unlawful seizure: why? collection of dripping blood: crown claimed incident to arrest but at time he was lying unconscious, he was not arrested yet. General rule = placed under arrest then search. Cant" bolster absence of reasonable ground by evidence you secured. Key scc cases on search incident to arrest. General rules: illegal searches are unreasonable searches always violating s. 8 ccrf just because crown lose section 8, doesn"t mean they lose the case evidence might still be admissible. Warrantless searches are prima facie unreasonable if police carry out search without warrant, court assume unreasonable unless police can prove otherwise. Cloutier search does not require r+p grounds to search beyond the grounds needed to arrest. 3 limitations on police power: a discretionary power, must be for a valid objective can"t just search to grope, has to be for legitimate purpose/objective:
