Search Auth

Question 1

What is section 8 of the Charter?

Answer 1

Everyone is the right to be secure against unreasonable search and seizure
- All warrantless searches are considered unconstitutional unless proven otherwise
- When possible, get a warrant

Question 2

What is section 9 of the Charter

Answer 2

Everyone has the right not to be arbitrarily detained or imprisoned

Question 3

What is section 10 of the Charter

Answer 3

Everyone upon arrest has the right
- To be informed of the reason therefore
-to retain and instruct council without delay and to be informed of that right
- and to have the validity of the detention determined by way of habeas corpus and released if the detention is not lawful

Question 4

What is a Lvl 1 Search

Answer 4

Search of weapons, means of escape, evidence
- Done in field

Question 5

What is a Lvl 2 Search

Answer 5

Done at station. Take off everything but underwear
- Search for weapons, means of escape, Evidence

Question 6

What is a Lvl 3 Search

Answer 6

Done at station, Sgt must be present, Must be done by person of prefer gender. Cavity search, Fully naked, Must be very thoroughly noted

Question 7

What could happen as a result of an unlawful search

Answer 7

As per section 24 (2), any evidence gained as a result of that evidence may be thrown out on a case by case basis determinate on its capacity to place the administration of justice in disrepute

Question 8

Search incident to arrest

Answer 8

Ability to search anything in the imeiate surroundings of the individual arrested. Justification is based on the capacity to articulate in court

Question 9

Plain View Doctrine

Answer 9

Anything found incidentally, Not directly searching for evidence.

Question 10

Exigent Circumstances

Answer 10

Prevent imminent bodily harm or death to any person
Evidence is inside dwelling house, must ender to stop destruction of evidence

Question 11

Public Safety- Section 117.04(2)

Answer 11

This act pertains to Seizure and forfeture of firearms.
- Section 2
Search and seizure without a warrant
- RGB to belive that the requirements for a warrant are present however due to reason of possible danger to the safety of any person it would not be possible to obtain a warrant an officer may search for and seize any thing and any licence pertaining to such thing that is in the possession of the person