PSSC 130 CHAPTER 4
Cards (18)
- S.8 of the charter: everyone has the right to be secure against unreasonable search and seizure. it asks the questions: was it authorized by law, was the law itself reasonable, was the search conducted in a reasonable manner.
- Things police officers can search for after arrest:
- Things that can harm officer
- Things that can aid in escape
- Evidence related to the crime
- Citizens can search for on persons after arrest:
- Weapons
- evidence relating to crime
- Informed consent: where police ask for permission to search your residence or someone walking on the street but they do not have any legal authority. just asking on suspicion
- Feeney warrant: police need a Feeney warrant to have authority to go into house and arrest someone on warrant they already have
- Plain view doctrine: If a police officer can see something in plain view, they are allowed to seize it.
- administrative tribunals obtain their authority from enabling legislation that enabled that particular board.
- Supreme court case that applies to disclosure in police criminal investigations is R. v. Stinchcombe
- process for disclosure in civil proceedings: examination for discovery
- part 6 of the criminal code that allows for interception of private communications
- 3 criteria for search and seizure:
- authorized by law
- was the law that authorizes it reasonable
- was it conducted in a reasonable manner
- Section 24 of the charter is also known as the remedy section. any time your rights have been violated in the charter, you can apply for a section 24 application to remedy the violation
- types of communication police can intercept:
- Phone calls
- text messages
- reasonable expectation of privacy: any situation where under those circumstances, you do not expect anyone to be watching you
- search warrants must be executed during the day, unless authorized by the warrant
- Gaming, liquor, and cannabis act on powers of search include drunk driving or booze cans
- an accused cannot be compelled to testify in court
- private communication: any communication that is private