POLSCI 3NN6 Study Guide - Section 33 Of The Canadian Charter Of Rights And Freedoms, Physical Restraint
21 Mar 2014
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If silent consider, if not then do not consider it: does the charter apply, section 10, arrested or detained, r. v. He was under the impression that he did not have another option. If he was detained, have his rights been violated: the right to be informed or the right to counsel, anything before reggie was actually arrested, is what you are trying to protect. It"s the statements between the time that he was stopped and arrested. If the police officer knows that he is going to arrest the individual, then he should provide. Reasonable search: authorized by law (hunter v. southam, obtained in advance, judicial impendent officer, reasonable ground that there is criminal offense, exceptions. Limitations prescribed by law (yes criminal code: exigent circumstances (r. v grant) (strong likelihood that there"s evidence to believe that items will be removed) no exigent circumstance. Over individual ever: incident of arrest for the purpose of keeping everyone involved safe.
