Learn your constitutional rights for search and seizure Canada!
Posted by kamal on July 16th, 2016
At times, you may have noticed police officers kicking in a building’s door, searching the premises for evidence and arresting suspects. It may appear like law enforcement officers are acting above the law when they search a person’s property and detain individuals against their will. There are certain rules and regulations that must be followed for legal search and seizure Canadato take place.
Specifically, “search and seizure” refers to the legal process in which police and other authorities can search an individual’s property and confiscate evidence relevant to a crime committed. Make a note, the process can only be performed under certain circumstances. Constitution’s Fourth Amendment gives the right of the people to be secure in their houses, persons, papers and effects against unreasonable searches and seizures.
According to courts, searches are reasonable in three primary situations although other special circumstances may make a search as well. A person’s property may be legally searched, if that individual gives consent to the investigating officer. Moreover, a search is legal, if it is executed under a valid warrant issued by the court.
Remember, a warrant must state the property to be searched and seized. And the third case is one which comprises of “exigent circumstances”. If the police believe that evidence is in serious danger of being destroyed, they may act without a warrant. In case of motor vehicles, officers may be able to perform limited searches but legality of these searches is somewhat of a grey area and will often be determined by courts depending upon case to case.
However, if the evidence is believed to have been seized in an invalid search, a motion can be made challenging the search's legality. In these circumstances, the judge will then determine that the search was valid or not. In case the search is found to have been illegal, the related evidence will probably be banned from being introduced at the trial.
No matter, you are interested in learning constitutional rights or want to gain information about speedy trial Canada, online facility will be a viable medium to do so. All you need to do is, just log onto the concerned web portal and retrieve desired information thereon. It will take not more than a fraction of seconds to provide details about the relevant constitutional rights Canada. So, just sit at your comfort zone and become aware of constitutional rights in Canada!!!
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About the Authorkamal
Joined: July 18th, 2014
Articles Posted: 986
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