LAWS 3306 Lecture Notes - Lecture 2: Arbitrary Arrest And Detention, Breathalyzer, Only Time
2 Aug 2016
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This meant that the courts had to define these terms. Accused person must demonstrate that they have reasonable expectation of privacy that was search or seized. The home is the highest form of privacy. Not only the area but the person"s connection to the area that will determine how much privacy is to be expected. For example the owner of the home has more expectation of privacy than a guest. Searches can be done with warrant or without. Warrantless search are presumed to be unreasonable, which means it violates sec 8. However, presumption can be rebutted in certain instances. On balance of probabilities, crown needs to show that: search was authorized by law, that law is reasonable, that search/seizure was carried out in reasonable manner. If all three are met then search or seizure is deemed not to have violated sec 8.
