Search and Seizure

Question 1

6 Conditions of Consent

Answer 1

1. Consent was expressed or implied.
2. Granted by person in authority to give consent.
3. Consent was given freely and voluntarily, not the product of police oppression or coercion.
4. Aware of police conduct to which being asked consent.
5. Aware of right to refuse and revoke at any time.
6. Aware of potential consequences.

Question 2

Search Incident to Arrest

Answer 2

Must be for valid objective: Evidence related to, items to facilitate escape, weapons/officer safety.

Question 3

Incident to Detention

Answer 3

Detention must be lawful.

Legitimate safety/protective concern.

Question 4

Plain View Doctrine

Answer 4

Officer is lawfully present at location where object is found.
The discovery of the object was inadvertant.
It must be immediately apparent that the object of seizure is subject to seizure.

Question 5

Exigent Circumstances - Preservation of Life

Answer 5

Has reasonable grounds to suspect that entry into the dwelling-house is necessary to prevent bodily harm or death to any person.

Question 6

Exigent Circumstances - Security of Property

Answer 6

Has reasonable grounds to believe that evidence relating to the commission of an indictable offence is present in the dwelling-house and entry into the dwelling-house is necessary to prevent the imminent loss or imminent destruction of evidence.

Question 7

CDSA 11(7)

Answer 7

Exigent Circumstances require a belief, based on RG, that there is an imminent danger of the loss, removal, destruction or disappearance of the drugs, if the search is delayed to obtain a search warrant.

Question 8

How to engage someone in a Consent Encounter

Answer 8

Pull someone over, issue them HTA ticket (tag them). Step back, let them know they are free to go, step back up to vehicle, ask if you can talk to them.

Question 9

Implied Licence

Answer 9

Purpose of communication. Knocking on a door to speak to someone. Open door swinging in wind at odd time of day…can walk to see what’s happening.

Question 10

Exceptions to Entry Warrants

Answer 10

Exigent Circumstances
Hot Pursuit
Informed Consent
Police Lawfully Positioned
Suspect in non-dwelling-house

Question 11

529.1

Answer 11

Warrant to enter dwelling-house

Use this when:

• Arrest warrant for person is in effect
• Ground exist to arrest person w/o warrant under 495(1)(a) Indictable offences
• Grounds exist to arrest w/o warrant under any Act other than CC

Question 12

RTJ

Answer 12

Report to Justice - Fill this form any time something is seized.

Question 13

Privacy Zones

Answer 13

Personal
Spatial/territorial
Informational

Question 14

Expectations of Privacy

Answer 14

Presence
Possession/control
Ownership
Historical Use
Ability to regulate access (inc. right to admit exclude)
Existence of the subjective expectation of privacy
Objective reasonableness of that subjective belief to privacy