LAWS 3306 Lecture Notes - Lecture 2: Arbitrary Arrest And Detention, Police Misconduct, Exclusionary Rule
2 Mar 2016
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Document Summary
Quasi-absolute exclusionary rule: arrest and detention crime control affirmed i) ii) iii) iv) i) ii) Bail and ptc: search and seizure a smarter crime control. Impaired cases and blood seizures i) ii: warrantless search and response. Dna: feeny, due process for crime control. Citizens interactions with police: section 8 search and seizure. The right itself is not precise, it is vague (unreasonable) Scc has established a straightforward framework, which is: 1st principle - an accused person must demonstrate that they have a reasonable expectation of privacy (e. g. a person"s home a person"s home is their castle, you have control of your home). 2nd principle warrantless searches (it is presumed to be unreasonable and violate s. 8) however, this presumption can be rebutted by the crown on a balance of probability. E. g. drinking and driving police using a roadside breathalyser (screening device).
