CRIM 330 Lecture Notes - Lecture 11: Voir Dire, Duty Counsel, Perjury
26 Jul 2018
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Crim 330 - lecture 11 - searches cont"d, statements made by an accused. Idea - if agents of state are lawfully on certain premise, officer can seize items in plain view. Items do not have to relate to offence they are investigating. This is why police officers might find more serious evidence during vehicle stops. But cannot for example, request that a trunk be opened. If searching for evidence in home, for example, and stumble across weapons in search, even though they weren"t looking for weapons, since they were lawfully on premises, can seize what they find in plain view. Warrantless searches by consent permitted as long as there is true consent. Meaning accused has all info necessary to make fully informed decision. E. g. officer seeking consent should tell person why they are being searched b/c charter s. 10(a) says that person has right to be informed of reason they are being detained.
