Search and seizure Flashcards
Section 8 of the charter:
Every individual has the right to be secure against unreasonable search and seizure
What is the definition of search and seizure
It is defined as a legal process whereby a police or a person of authority in the society is granted the right to search a person and confiscate any relevant evidence to the crime of suspected under reasonable grounds
Search:
The police can intrude on a individuals expectation of privacy based on reasonable grounds
If you want to conduct a search in Canada you need a:
warrant
What are some cases where there’s no need for the police to obtain a warrant
- when they have reason to believe that someone life is in danger
- a suspect is about to escape
- a suspect is trying to destroy the evidence
Warrant
A document that gives police the ability to search someone’s private property (car, home or backpack)
Seizure
The taking of a ‘thing’ from a person by a public authority without that person’s consent
‘Plain-View Sight’:
When law enforcement can see a criminal act or substance without having to search
Wingspan
Area where you can reach (immediate vicinity)
Overall section 8 is
to limit the power of law enforcement
- limiting individuals the right of privacy