Search and Seizure

Question 1

What is a Search Incident to Arrest ?

Answer 1

1) Search must be authorized by law.
2) The law itself must be reasonable.
3) Search must be carried out in a reasonable manner.

Question 2

3 criteria to comply with Section 8 of the charter.

Answer 2

1) The arrest must be lawful.
2) The search was conducted incidental to the lawful arrest.
3) Was the way of the search carried out in a reasonable manner?

Question 3

What is the Plain view doctrine?

Answer 3

1) Must be lawfully placed.
2) Come across goods by surprise.
3) Obvious that the goods are evidence.

Question 4

define Consent search

Answer 4

Least invasive and can be revoked at any time.