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Lecture 20

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Political Science
Greg Flynn

March 8 2013Section 8Search and Seizure Fact Scenario Does the Charter apply Policealways part of the government therefore the Charter applies Because this is S8 the government could use the notwithstanding clause but they didnt in this case so the Charter applies Section 81Authorized By LawaCommon Lawexigent circumstances incidence of arrestin plain viewbWarrantobtained in advanceissued by independent judicial officer issued only after established under oath that reasonable and probable grounds exist to believe that an offence has been committed and that evidence relating to offence will be found in place to be searched Sworn evidence that evidence exists where the search is to take place 2Law is Reasonable the Common law will always be reasonable 3Search is reasonable There are 3 searches in this case 1BagIs the search authorized by law There was no warrant obtained to search no Is it authorized by common law Incidence of arrestw
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