LAW 201 Study Guide - Final Guide: Hot Pursuit, Exigent Circumstance
Document Summary
We believe that you should not be able to use evidence unconstitutionally obtained. Section 8 of the canadian charter of rights and freedoms provides everyone in canada with protection against unreasonable search and seizure. This right provides canadians with their primary source of constitutionally enforced privacy rights against unreasonable intrusion from the state. The locker is the property of the owner for the time in which they go to the school they have private lockers for a reason. The burden of proof is placed on the plantif. There was no evidence that proved that this boy had done the crime instead it was simply all hearsay and rumors. Therefor there was no right to obtain the materials that were found within the locker. Without a search warrant the only way in which you can obtain private property from a private space is. Search incident to arrest: there was no arrest in this case.
