Search and Seizure

Question 1

R v. Edwards

Expectation of Privacy
PPO HAPO (7)

Answer 1

1 - Presence
2 - Possession/Control of property being searched
3 - Ownership
4 - Historical Use
5 - Ability to regulate Access
6 - subjective expectation of Privacy
7 - Objective reasonableness of expectation

Question 2

Implied Licence to Knock - DEFN

Answer 2

• anyone has the implied licence to knock for the purposes of communicating information, NOT to gather evidence

Question 3

R v. Kokesh

Answer 3

• PO cannot go “fishing” to gather evidence with implied licence to knock

Question 4

Search Incident to Arrest

3

Answer 4

1 - Arrest must be lawful
2 - Purpose of search must be related/connected
3 - Conducted in reasonable manner

Question 5

Search - Motor Vehicle

2

Answer 5

1 - Can search MV if directly after lawful arrest involving MV
2 - Can check trunk if reasonably believes more evidence is likely to be found there

Question 6

Plain View Doctrine

3

Answer 6

1 - Lawfully present
2 - discovery was inadvertent
3 - Articles discovered were incriminating

Question 7

Investigative Detention

Answer 7

RG to suspect individual connected to crime and detention is necessary under the circumstances (R v. Mann)

Question 8

Investigative Detention - Articulable Cause (3)

Answer 8

1 - was there articulable cause for detention
2 - Does the officer conduct fall within scope of duty
3 - does conduct involve unjustifiable powers associated with the duty

Question 9

Abandonment

3

Answer 9

1 - PO may seize garbage once on the side of the road
2 - Property is considered abandoned therefore PO may search for evidence
3 - All garbage is considered abandoned unless in custody or hospital

Question 10

s. 529.3(1)

Exigent Circumstances - Entry into Dwelling House without warrant - DEFN

Answer 10

• PO with RGB the person is present in the dwelling and conditions for obtaining a warrant exist but by exigent circumstances you cannot wait

Question 11

s. 529(2)

Exigent Circumstances
2

Answer 11

1 - PO has RG to suspect entry necessary to prevent IBH or death
2 - RGB entry necessary to prevent imminent loss/destruction of evidence relating to indictable offence

Question 12

R v. Godoy

911 Call

Answer 12

• PO are justified to enter dwelling without warrant to protect life or serious injury of 911 caller

Question 13

Fresh/Hot Pursuit

2

Answer 13

1 - Continuous pursuit so that pursuit and capture + commission of the offence may be considered a single transaction
2 - ends when accused is no longer escaping/no longer freshly pursued