CRIM 330 Lecture Notes - Lecture 9: Duffel Bag, Sleeping Bag, In Essence
11 Jul 2018
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Crim 330 - lecture 9 - search & seizure cont. Case involving edwards (drug dealer), police suspected him of dealing drugs out of his car & using cell phone. Suspected that kept drugs at girlfriend"s apartment. Police found stash of drugs at girlfriend"s apartment. Evidence - girlfriend justified him as visitor who stayed over occasionally. He did not have key to house. Doesn"t necessarily have direct interest in house due to fact that doesn"t have key to house. Subjective interest in subject matter will always exist, other there would be no issue. Edwards was not there at time of search. Historically, does not use place as residence. Does not have reasonable expectation of privacy - s. 8 argument failed. Driver (non-owner) and passenger r v belnavis (1997)(scc) Officer took her to police station to run computer check, when police went back to car, started questioning passenger. Lawrence crowded in back seat b/c surrounded by garbage bags, stuffed full of clothes.
