Pre-trial Criminal Procedure – Search and Seizure

These flashcards cover key concepts related to search and seizure law in criminal procedure, as outlined in the lecture notes.

What are the primary authorities that grant powers to search?

Authorities can come from statutory sources (e.g., Criminal Code of Canada) or common law.

What must a search be in order to be valid?

A search must be organized, systematic, and thorough.

Define 'Seizure' in the context of search and seizure law.

Seizure is the taking of a thing from a person by public authority without that person’s consent.

What is outlined in Section 8 of the Charter regarding search and seizure?

Everyone has the right to be secure against unreasonable search or seizure.

What is considered a reasonable search incident to a lawful arrest?

A search incident to arrest is reasonable to secure evidence, prevent escape, or ensure safety.

What was the ruling in R. v. Feeney (1997) regarding arrests in dwelling houses?

Police cannot enter a dwelling house without a warrant to arrest someone, except in exigent circumstances.

What is 'Informed Consent' and its requirements in searches?

Informed Consent requires that a person is aware of their right to refuse the search and understands the nature of the police conduct.

What are 'exigent circumstances' in the context of search warrants?

Exigent circumstances allow police to enter a dwelling to protect life and prevent injury without a warrant.

What is the definition of 'Plain View' doctrine?

Officers may seize items that are evidence of a crime or contraband if they are in plain view and lawfully placed.

What is the significance of Section 24 of the Charter of Rights and Freedoms?

It provides for the exclusion of evidence obtained in violation of an individual's rights.

What does a general search warrant allow?

It grants police the authority to search and seize based on reasonable grounds, authorized by a judge.

What is a Telewarrant?

A Telewarrant is obtained via phone or other means when it is impractical to appear in person.

In the search of a human body, what substances can be collected for DNA testing?

Bodily substances include hair, blood, and skin cells, as well as mouth swabs.

What are the potential outcomes under Section 24 for evidence obtained unlawfully?

Potential outcomes include monetary awards, stays of proceedings, or civil lawsuits for violations.

What does the case of R. v. Mellenthin (SCC) illustrate about consent?

It illustrates the requirement for police to receive informed consent before conducting a search.