Search and seizure Flashcards

1
Q

Section 8 of the charter:

A

Every individual has the right to be secure against unreasonable search and seizure

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2
Q

What is the definition of search and seizure

A

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

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3
Q

Search:

A

The police can intrude on a individuals expectation of privacy based on reasonable grounds

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4
Q

If you want to conduct a search in Canada you need a:

A

warrant

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5
Q

What are some cases where there’s no need for the police to obtain a warrant

A
  1. when they have reason to believe that someone life is in danger
  2. a suspect is about to escape
  3. a suspect is trying to destroy the evidence
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6
Q

Warrant

A

A document that gives police the ability to search someone’s private property (car, home or backpack)

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7
Q

Seizure

A

The taking of a ‘thing’ from a person by a public authority without that person’s consent

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8
Q

‘Plain-View Sight’:

A

When law enforcement can see a criminal act or substance without having to search

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9
Q

Wingspan

A

Area where you can reach (immediate vicinity)

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10
Q

Overall section 8 is

A

to limit the power of law enforcement

- limiting individuals the right of privacy

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