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Actions for trespass & Hunter v. Southam.(Canada)
- Article from:
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University of New Brunswick Law Journal
- Article date:
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November 1, 2007
- Author:
- Plaxton, Michael
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Copyright informationCOPYRIGHT 2007 University of New Brunswick Law Journal. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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INTRODUCTION
In Hunter v. Southam (1984), the Supreme Court held that s. 8 of the Charter (1) ordinarily requires law enforcement officers to obtain a warrant, where "feasible", before conducting a search. (2) The absence of a warrant or common law power, the Court held, gives rise to a presumption that the search is unreasonable and, therefore, contrary to s. 8. (3) The Court, in Hunter, gave no indication that the rule it created was merely one possible means of fulfilling the requirements of s. 8 rather than a mechanism specifically required by the Charter. That may go some way towards explaining why Parliament has, since then, given little or no thought to replacing ...
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Square Pegs, Round Hole: The Fourth Amendment and Preflight Searches of...
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Stanford Law Review;
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787 words
......and Bank Records INTRODUCTION The Fourth Amendment protects [t]he right of the people...and seizures. (1) Ushering in modern Fourth Amendment doctrine, the Supreme Court held in...and later decisions affirmed, the Fourth Amendment gives individuals a reasonable expectation...
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