Police Foundations LAW120 Chapter Notes - Chapter 8: Arbitrary Arrest And Detention, Telephone Tapping
29 May 2016
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Document Summary
The investigation process is governed by the criminal code, the charter, and the common law. Evidence that does not comply with any of these laws may be excluded by the judge. Section 8 of the canadian charter of rights and freedoms: Everyone has the right to be secure against unreasonable search or seizure. The law that authorizes the search is reasonable. Elements required: description of offence, name of accused. Rg could be verbal evidence, observations, phone tap, surveillance, physical or documentary: warrantless search from the common law: Officer safety/safety of the accused: with informed consent. Incidental to general powers of police: what limitations on search powers. -the act of taking a suspect into custody. Reasons for arrest? section 495 ccc: arrest with a warrant or without warrant. Impact on evidence if police violate the legal rights=remedy. Section 7: right to life, liberty, and security of the person. Section 8: protection against unreasonable search and seizure.
