Trending Issues in Search Warrant Challenges

SKU: 61986.04

This paper addresses a number of developing issues in search warrant challenges, and explores how traditional search and seizure concepts have adapted (or not) to deal with emergent social issues, with a particular emphasis on establishing a reasonable expectation of privacy and the need for a flexible approach to respond to changing social norms. Establishing a reasonable expectation of privacy to challenge any state intrusion is discussed, with practical advice for building the evidentiary foundation. As well, police reliance on illegally obtained evidence and the principles of excision and exclusion are considered. Finally, reasonable expectations of privacy in public and common areas are discussed in the context emerging and relevant judicial decisions.
This paper is part of a collection presented at LESA’s Search Warrants program in Edmonton on February 19, 2016 and in Calgary on February 26, 2016.

 

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