Download search and seizure

s. 8: the right to be secure from
unreasonable search and seizure
s. 24 (2) the exclusion of such
evidence
1.
2.
Reasonable & probable grounds (e.g. That a
crime has been committed)
Particularity (e.g. The place to be searched,
what to be seized and why)
Before issuing a warrant, a JP must decide on
whether reasonable grounds exist.
Some searches may be warrantless if deemed
reasonable under certain circumstances.
Examples:
a) Hot pursuit (to prevent bodily harm, death or loss of
evidence)
b) More leeway given in drug cases to prevent
destruction of evidence
c) Suspects may be searched for weapons/evidence
without a warrant if their arrest is itself lawful (e.g.
Based on reasonable grounds)
d) Warrantless searches of cars are OK if reasonable
grounds exist for believing drugs/weapons are
present.
Plain View Doctrine: Further
search/seizure is okay if illegal object is
openly visible.
 ‘Reasonable grounds’ that an offence is
being committed/has been committed
 When individual voluntarily consents
(police must be able to prove this)

Did the police execute a
legal search?
Explain your answer.