COMMERCE 4PA3 Lecture Notes - Lecture 18: Exigent Circumstance, Flashlight, Homicide
12 Jul 2017
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Everyone has the right to be secure against an unreasonable search and seizure. Definitions order to look for evidence: search evidence, no inherent right to property, r. v. becker, ab ca (1983) R. v. buhay, 2003 content specific. R. v. dersch, 1993 not just to places but people too. Taken to hospital by ambulance and they took a blood sample for an alcohol test to determine treatment. Came positive lol so he was intoxicated at the accident. Given to police and charged with while impaired and over limit. Said it was violation of section 8 rights. Accused has reasonable expectations to their health info, even blood alcohol test. Depends on circumstances of case and manner of police comes with possession of evidence. R. v. stillman, 1997 accused of committing a murder. On arrest, when asked he refused for dna test. Police kept in custody and asked addition questions. He blew his nose and threw the paper away.
