R v Edwards
Reasonable expectation of privacy
Based on person not place
R v Grant
- seriousness of chatter infringing conduct
- impact on accused’s charter protected interests
- society’s interest in the adjudication of the case on its merits
section 24 — charter remedy
1) anyone whose rights or freedoms have been infringed or denied may apply to obtain such remedy
2) exclusion of evidence
Hunter v Southam
every search is unreasonable unless justified by law
Types of law that justify a search
statute
common
case
R v Collins
A search is reasonable if:
- authorized by law
- law must be reasonable
- manner in which the search was carried out was reasonable
Search incident to arrest
- must be conducted for valid purpose and carried out in reasonable and proportional fashion
- must be an articulable nexus between nature of search and offence
- police are not obligated to suspend a search incident to arrest until person arrested has had opportunity to receive legal counsel
What are you allowed to search for incident to arrest
safety
evidence
escapes
R v Golden
Limitations to the power of police to perform strip searches
1. arrest must be lawful
2. search must be conducted incident to arrest
3. manner in which search was conducted must be reasonable
Strip search — bodily integrity
- exigent circumstances
- reasonable grounds
- availability to obtain warrant
- RTC
R v Fearon
electronic devices
Must be truly incident to arrest
Needs an element of urgency
Examples of crimes to justify: crimes/threats of violence, risk to public safety, serious property offences, drug trafficking
Criteria for any search of cell phone to be lawful
- arrest must be lawful
- search must be truly incident to arrest
- nature and extent of search must be tailored to its purpose
- detailed notes must be taken and include the when/how phone was searched (apps, time, duration, purpose)
Search residence incident to arrest
When person is arrested in residence, police may also search the surrounding area for:
- safety of police and arrested person
- prevent escape
- evidence
need reasonable suspicion
Search motor vehicles incident to arrest
Must establish connection between reason for arrest and search of m/v
Purpose:
1. safety
2. protect evidence
3. discovery evidence to use at trial
R v Stinchcombe
crown has duty to provide defence with all evidence that is relevant to case
