POLSCI 3FR3 Lecture Notes - Lecture 10: Mellenthin, Arson
15 May 2018
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Thursday, March 22, 2018
3RF3 Charter of Rights and Freedoms
Section 8, Second Hypothetical!
-Incident of arrest is put cuffs on you/in the back of car, where they say “arrest” with
the caution and the reasons for it and the right to counsel !
•Search of person or immediate territorial search to ensure the safety of police
officer, individual and public, extended to include time when police officer believe
individual is guilty, may take into custody for brief time for investigative purposes!
•does this minor search include car? geographic search is dependent on
circumstances, arson or something that warrants a broader geographic search ,
Fearon they’re going farther need to see the phone in order to protect public safety
and find the firearm !
-If a police officer knows they’ve done it in advance,!
HYPOTHETICAL !
- Three different searches!
-Person Bag and Car !
•Do they have an expectation of privacy? (Buhay, Law, Plant)!
-P: Yes!
-B: Yes (something personal, carried to transport, enclose, not visible contents!
-C: Yes. (Standing beside it, stationary, likely private) You may have a reduced
expect of privacy over a motor vehicle (Mellenthin) !
•Is the search reasonable? (Hunter v. Southam)!
•Authorized by Law
-Warrant!
•Obtained in advance… etc. !
-C/L!
•In Plain View !
•Incident of arrest or detention!
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