Federal Law

Question 1

What types of law will justify a warrantless search?

Answer 1

Statue law- CC, CDSA, LLCA
Common law- SIA, plain view doctrine
Case law- Consent

Question 2

R v Edward’s is?

Answer 2

A 7 part test to determine if someone’s expectation of privacy is infringed. This is based on the person not the place

Question 3

R v grant is?

Answer 3

How the courts determine what evidence is included and excluded.

Question 4

R v Collins is?

Answer 4

The test of the reasonableness of the search itself

Question 5

A search is reasonable if?

Answer 5

1. Authorized by the law
2. The law must be reasonable
3. The manner in which the search was carried out was reasonable

Question 6

What makes a search incident to arrest lawful?

Answer 6

Arrest must be lawful, search must have been conducted as an incident to a lawful arrest, manner in which the search was conducted must be reasonable

Question 8

When doing a search that infringes bodily integrity what is the acronym we use?

Answer 8

REAR

Question 9

What does REAR mean?

Answer 9

Reasonable grounds
Exigent circumstances
Availability of procedure to obtain a warrant
Rights to consul