SEARCH AND SEIZURE.

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Presentation transcript:

SEARCH AND SEIZURE

The Charter & Search/Seizure s. 8: the right to be secure from unreasonable search and seizure s. 24 (2) the exclusion of such evidence

Requirements for a Search Warrant Reasonable & probable grounds (e.g. That a crime has been committed) Particularity (e.g. The place to be searched, what to be seized and why) Before issuing a warrant, a JP must decide on whether reasonable grounds exist.

Warrantless Searches Some searches may be warrantless if deemed reasonable under certain circumstances. Examples: Hot pursuit (to prevent bodily harm, death or loss of evidence) More leeway given in drug cases to prevent destruction of evidence Suspects may be searched for weapons/evidence without a warrant if their arrest is itself lawful (e.g. Based on reasonable grounds) Warrantless searches of cars are OK if reasonable grounds exist for believing drugs/weapons are present.

Other Types of Warrantless Searches Plain View Doctrine: Further search/seizure is okay if illegal object is openly visible. ‘Reasonable grounds’ that an offence is being committed/has been committed When individual voluntarily consents (police must be able to prove this)

Search & Seizure Video Clips Did the police execute a legal search? Explain your answer.