SOCI 327 Lecture 24: (24) Warrants & Searches
Document Summary
All unreasonable searches breach section 8 of the charter. Not all unreasonable searches result in evidence being excluded in court. Evidence collected in a way that infringes on rights of individual: can be included unless it brings administration of justice into disrepute. Required before a search/seizure can be legally conducted. Justice may accept hearsay evidence with providing a warrant. It must be reasonable (not proof beyond a reasonable doubt) Search must describe what the police are specifically looking for. Reasonable grounds to suspect that entry is necessary to prevent bodily harm/death to any person. Reasonable grounds to believe that entry is necessary to prevent destruction of evidence. Need to protect evidence held by the suspect. Intrusiveness of the lawful arrest to render the search to be of minor consequence. Fact that an inventory search at a police station would uncover the. Fact that an inventory search at a police station would uncover the evidence.