POLSCI 3FR3 Lecture Notes - Lecture 9: Exigent Circumstance, T-Shirt
15 May 2018
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Thursday, March 15, 2018
3RF3 Charter of Rights and Freedoms
Search and Seizure!
-Right to Privacy!
•Shift from Property to Privacy Concerns!
•Reasonable Expectation of Privacy !
-Personal - R. v. Stillman, 1997, R. v. Arp, 1998!
-Territorial - Buhay!
-Informational - R. v. Law, 2002!
•Common Law Exceptions (first test in privacy is if any of the following are the
case, !
-In plain view!
•R. v. Tessling, 2004!
-Exigent Circumstances (that make getting a warrant impracticable in the
circumstances, I.e. something is happening immediately, !
•R. v. Grant, 1993!
-truck, with equipment for grow-op!
-Grant was known to the police at this time because of informant who
suggested he was involved in drug trade!
-Concern was that he was tearing grow lab down before they could get
warrant !
-They looked in window (basement window) looked down and saw into
basement where he was not disassembling but expanding grow up !
-Set warrant process in motion !
-Is this a matter of fleeing the jurisdiction, they went back on to the property
to see again to check, and yes he was setting up not tearing down!
-Get warrant search grow up arrest Grant!
-Grant argues Fruit of the Poison tree argument at trial !
#1
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Document Summary
Right to privacy: shift from property to privacy concerns, reasonable expectation of privacy. Personal - r. v. stillman, 1997, r. v. arp, 1998. Informational - r. v. law, 2002: common law exceptions ( rst test in privacy is if any of the following are the case, In plain view: r. v. tessling, 2004. Exigent circumstances (that make getting a warrant impracticable in the circumstances, i. e. something is happening immediately: r. v. grant, 1993. Grant was known to the police at this time because of informant who suggested he was involved in drug trade. Concern was that he was tearing grow lab down before they could get warrant. They looked in window (basement window) looked down and saw into basement where he was not disassembling but expanding grow up. Is this a matter of eeing the jurisdiction, they went back on to the property to see again to check, and yes he was setting up not tearing down.
