March 13, 2014 - Poli Sci 3NN6

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Department
Political Science
Course
POLSCI 3NN6
Professor
Greg Flynn
Semester
Winter

Description
Last Updated: 3/21/14 4:50 PM 2014-03-21 C LASS N OTES FOR : POLI SCI 3NN6 McMaster University, Winter 2014 T HURSDAY , M ARCH 13, 2014 EXAM STYLE QUESTION If silent consider, if not then do not consider it 1. Does the charter apply? a. POLICE b. Notwithstanding clause has not been used, therefore charter applies. 2. Section 10 a. Arrested or detained i. R.V. Therens 1. Physical restraint on Liberty or assumes control over movement, but impedes access to counsel 2. Why do you think there was a physical restraint? He was under the impression that he did not have another option. If he was detained, have his rights been violated. b. The right to be informed or the right to counsel c. Anything before Reggie was actually arrested, is what you are t rying to protect. It’s the statements between the time that he was stopped and arrested. As a lawyer trying to exclude the drug statement. d. Does it go beyond the investigatory purposes? e. If the police officer knows that he is going to arrest the individual , then he should provide REASON and ACCESS to counsel. SECTION 8 Did the individual have an expectation of privacy? Yes Reasonable search 1. Authorized by law (HUNTER V. SOUTHAM) a. Obtained in advance b. Judicial impendent officer c. Reasonable ground that there is criminal offense d. EXCEPTIONS
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