CH. 7 BRINGING THE ACCUSED TO TRIAL Part 3: Searches

BALANCE  The individual’s right to privacy vs. state’s need to investigate thoroughly, collect evidence before it can be destroyed, and solve the crime  Charter section 8: “Everyone has the right to be secure against UNREASONABLE search or seizure.”  What’s unreasonable?

CASE STUDY – PAT-DOWN  Photocopy P. 205  R. v. Mann [2004]  Mann is detained, is patted down just for weapons, and drugs are found. Should the drugs be allowed as evidence?

SEARCHING A PERSON  Under Arrest? You and your immediate surroundings (ex. car) can be searched. Any new evidence counts.  If you agree to be searched  Detained? They can do a pat-down to make sure you don’t have weapons to ensure their safety, but only for weapons.  Otherwise, they need a warrant.  Exceptions to warrant (see rights booklet):  in a place they’re searching for illegal drugs  In a car, alcohol illegal  Think you have illegal weapon or one used in crime

CASE STUDY – STRIP SEARCH  Photocopy P. 217  R. v. Golden [2001]  Where is it ok and not ok to perform a strip search? How about a stairwell? How about a restaurant? What if they’re resisting?

STRIP SEARCHES  Only when it’s believed the accused is hiding weapons/drugs/evidence  Authorized by a senior officer  Conducted by same sex  Body cavities only by medical personel  Should be at the police station except if suspecting a weapon (danger)

CASE STUDY – SEARCHING A TRUNK  Text P. 199  R. v. Richardson [2001]  Police find a small amount of drugs in a car. Without a warrant, and against the driver’s wishes, they search the trunk and find a lot more. Should that be allowed?

SEARCHING A VEHICLE  Driver has to provide a sample if suspected of impaired driving  Police can look in the windows but not search the car…  Unless they have reasonable grounds to believe there is illegal alcohol, drugs, or evidence of a crime recently committed (by the time they get a warrant it could be gone)

CASE STUDY – LOCKER SEARCH  Photocopy p. 207  R. v. Buhay [2003]  A rented locker at a bus station smelled of marijuana and the police searched it without a warrant, then set up a sting. Does a rented locker have an expectation of privacy that makes this an unreasonable search?

SEARCH WARRANT  Permission to search a property, or use electronic surveillance  Can only get from a judge  Telewarrant: over the phone for speed  Warrant limits a date, location, area, items. If other illegal things are found they can be seized, but cannot “go fishing”.  Every detail must be correct. A person can ask to see it before allowing them in, and refuse if it’s not perfect.  No one home or refused entry – can break in

CASE STUDY – GARBAGE CANS  Photocopy p or p. 216  R. v. Patrick [2008]  Police searched his garbage six times (no warrant), finding evidence of an ecstasy lab. The police had to reach over the property line to get it. Should your garbage count as private property or have you given up rights to it once it’s put out?

PRIVATE HOME EXCEPTIONS  Search warrant usually required.  Allowed to enter without warrant if it’s difficult to get one in time:  To prevent imminent injury or death to any person (ex. 911 call)  Prevent the destruction of evidence relating to an indictable offence  Can search any premises without a warrant (and people inside) for reasonable belief of illegal drugs EXCEPT a private home