CLE-TV: Search and Seizure I - Getting Your Foot in the Door

Course Date: November 9, 2016

Total: 1h 30min

Exigent Circumstances as an Exemption to the Constitutional Standard of Prior Authorization

Relationship Between s. 7 and s. 8 of the Charter

Concept of Reasonableness under s. 8 of the Charter

Control of Subject Matter (or Lack Thereof) Not Determinative of s. 8 Charter Inquiry

Facial and Sub-Facial Review of Search Warrants

Review of Wiretap Authorizations vs. Review of Search Warrants

Leave to Cross-Examine an Affiant or Sub-Affiant

  • the threshold, constitutionality of threshold
  • procedure when leave granted
  • disclosure of police files, informer materials

Full, Fair, Frank Disclosure of Material Facts

  • what constitutes material facts
  • effect of new evidence, fraud non-disclosure
  • existence of residual discretion to invalidate