POLSCI 3RF3 Lecture 7: Part 1
5 Aug 2020
School
Department
Course
Professor
Legal Rights I Search and Seizure- Part 1
Section 8
8. Everyone has the right to be secure against an unreasonable search and seizure
Limitation on Scope?
• Everyone
• Corporations
o Possess assets that can be seized they can say it violates their rights
• Section 33 and 1
o If the government does want to infringe on our rights of unreasonable search
and seizure it can do so
o It has to use the notwithstanding clause
o Justify it being reasonable necessary in freeing democratic society according to
section 1
• “unreasonable”
o inherent limitation in section 8 if the search or seizure reasonable there is no
violation of section 8
General Test for Section 8
Two Stage Test for Violation of Section 8
1. Has there been a search or seizure unreasonable?
2. Was the search or seizure unreasonable?
Search and Seizure
Search
• An examination by agents of the state of a person’s person or property in order to look
for evidence and that interferes with a reasonable expectation of privacy
• Includes tangible and intangible property
o Looking for a missing child and comes looking onto your property it doesn’t
count as a search of the property
o Have to distinguish the reason why the police are searching
o R v. Morelli, 2011
▪ Morelli was married and had two children
▪ 7 son 3 daughter and they moved into a new house and requested the
internet service guy show up and hook up the internet and cable
▪ Internet guys showed up at the house unnanouced
▪ The internet guy was in his home evidence and saw some settings that
was weird
▪ It was a camera pointed at the at a play mat that had toys
▪ Did an internet search on the history and found evidence that Morelli had
been accessing child and adult pornography
Document Summary
Legal rights i search and seizure- part 1: everyone has the right to be secure against an unreasonable search and seizure. Limitation on scope: everyone, corporations, possess assets that can be seized they can say it violates their rights, section 33 and 1. If the government does want to infringe on our rights of unreasonable search and seizure it can do so. Search: an examination by agents of the state of a person"s person or property in order to look for evidence and that interferes with a reasonable expectation of privacy. Internet guys showed up at the house unnanouced: the internet guy was in his home evidence and saw some settings that was weird.
