SOSC 3365 Lecture Notes - Lecture 11: Combines Investigation Act
31 Oct 2018
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The courts seized upon a mythical person - "the reasonable person" as a standard. Courts measured the actions of the negligent person against what might be the actions of the reasonable person in the same situation. The reasonable person was presumed to posses" normal intelligence and would exercise reasonable care in their actions towards others. Everyone has the right to be secure against unreasonable search or seizure. Action must violate the reasonable expectations of privacy held by a reasonable person. Hunter vs. southam (1984) a search of an edmonton newspaper office during combines investigation act. Without warrant is unreasonable - the onus is on the state to prove a warrant search is reasonable (based on probably grounds) cannot obtain a warrant after the search: v. patrick (2009) - privacy and garbage. Mr. patrick a self employed manufacturer of methylenedioxymehamphetamine in calgary. Mr. patrick discarded torn up copies of recipes, rubber gloves, chemical residue and etc. as normal household garbage.
