Plain View Doctrine Canada

Plain view vs s.

Plain view doctrine canada. This power is separate and apart from the common law doctrine of plain view seizure. The plain view doctrine refers to the concept that so long as criminal evidence or contraband is left out in plain view officers conducting a legal search of a property are within their right to seize that evidence. 8 of the charter protects reasonable expectations of privacy against state intrusions. For example the plain view doctrine gives police officers the right to seize needles and bags of heroin that someone may.

Evidence in a container can not possibly be identified by plain. This is known as the plain view doctrine and has received judicial acceptance in canada. The courts have interpreted a search as excluding from its ambit those things that are in plain view from a place where police officers are entitled to be. A plain view seizure cannot form the basis for a fishing expedition mellenthin.

Plain view doctrine meaning or descrpition. Plain view doctrine in canada definition of plain view doctrine. The doctrine is also regularly used by tsa officers while screening persons and property at u s. The plain view doctrine allows police to seize evidence they observe in plain view without a warrant.

Under s 489 2 where an officer is in the execution of their duties may without a warrant seize anything that the officer has reasonable grounds to believe is obtained by used for or will afford evidence towards an offence. The doctrine does not however provide a basis for conducting a wider ranging search within closed or locked places for contraband or evidence once some evidence of wrong doing is discovered within plain view and has been seized. In the united states the plain view doctrine is an exception to the fourth amendment s warrant requirement that allows an officer to seize evidence and contraband that are found in plain view during a lawful observation. The incriminating character of the object should be immediately identifiable.

The key to the application of the plain view doctrine is the principle that s. This is an advance summary of a forthcoming entry in the encyclopedia of law. For the plain view doctrine to apply for discoveries the three. The caveat is that the officer must observe items from a lawful vantage point and they must believe the seized items to be illegal.

Longtin 1983 41 o r. This power is separate and apart from the common law doctrine of plain view seizure. 489 2 where an officer is in the execution of their duties may without a warrant seize anything that the officer has reasonable grounds to believe is obtained by used for or will afford evidence towards an offence. 8 of the charter and the plain view doctrine.

Askov 1987 60 c r. The plain view doctrine allows a police officer to seize objects not described in a warrant when executing a lawful search or seizure if he observes the object in plain view and has probable cause to believe that it is connected with criminal activities.