February 17 Lecture

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University of Toronto St. George
Woodsworth College Courses
William Watson

WDW325 February 17, 2011 Search and Seizure Constitutional Considerations Lecture 6 RECAP 1. With a valid search warrant 2. If conditions to obtain a search warrant exist but impracticable to get a warrant because of exigent circumstances; 3. Item seized is in plain view (common law power) 4. Search incident to arrest (common law power) 5. Consent search TO GET A WARRANT: 1. Need RPG to be believe a) An offence has been committed b) Evidence of the offence will be found in the place to be searched 2. Must describe items to be searched for and seized in detail CONSTITUTIONAL CONSIDERATIONS apply to ALL searches does not matter if authorized by statute or common law ANY search must comply with minimum constitutional requirements if a particular search OR a law authorizing the search does not comply with the constitutional requirements, it will be UNREASONABLE and a violation of s. 8 of the Charter R. v. Collins (1987, S.C.C.) FACTS: Police had a suspected drug trafficker under surveillance in a bar in Gibson, B.C. ; police tackled Gibson in a bar and put her in a throat hold (to stop her from swallowing drugs); police used considerable force in effecting the search; found a balloon of heroin in her hand Narcotics Control Act (replaced by the Controlled Drugs and SubstancesAct) 10. (1) A peaceofficer may, at any time, (a) without a warrant enter and search any place other than a dwelling-house, and under the authority of a writ of assistance or a warrant issued under this section, enter and search any dwelling-house in which he reasonably believes there is a narcotic... (b) search any person found in such place; and (c) seize and take away any narcotic found in such place, any thing in such place in which he reasonably suspects a narcotic is contained or concealed... The officers were suspicious BUT - no evidence the police had RPG that Collins had drugs - did not make any observations that would give rise to RPG - no observed transaction ISSUE: Is this an unreasonable search under s. 8? If the search is warrantless, it is presumptively unreasonable (even if permitted under legislation) TEST: a search (any searches) will be reasonable if www.notesolution.com
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