Last edited by Faunris
Friday, May 15, 2020 | History

2 edition of law of search and seizure in Canada found in the catalog.

law of search and seizure in Canada

James A. Fontana

law of search and seizure in Canada

by James A. Fontana

  • 252 Want to read
  • 31 Currently reading

Published by LexisNexis Canada in Markham, Ont .
Written in English

    Subjects:
  • Searches and seizures -- Canada,
  • Warrants (Law) -- Canada

  • Edition Notes

    Includes bibliographical references and index.

    StatementJames A. Fontana, David Keeshan.
    ContributionsKeeshan, David
    The Physical Object
    Paginationlxxxviii, 1017 p. ;
    Number of Pages1017
    ID Numbers
    Open LibraryOL19374441M
    ISBN 109780433455196

    Law of Search & Seizure in Canada Paperback – Aug. 29 by Fontana (Author) out of 5 stars 1 rating3/5(1).   My thesis is that the EU and UK have a better opportunity to combat terrorism and crime. This is primarily because there are not restrictions of the US Constitution's 4th amendment prohibiting illegal search and seizure. Therefor law enforcement need to have probable cause to search a 5/5(K).

    Florida v. Jardines, No. 11– ()-The Court held that taking a K-9 onto the porch of the defendant's home to sniff for drugs inside is a search and requires consent or a search officer entered into the curtilage for evidence gathering purposes in violation of the defendant's Constitutionally protected 4th Amendment rights.   The Fourth Amendment to the U.S. Constitution prevents illegal searches and seizures and is one of the most fundamental rights guaranteed to Americans. Although this is a fundamental right, there are still plenty of exceptions to search and seizure laws, so it pays to understand how and when the police may search you and seize your property in accordance with the law.

    1) Search is a police intrusion on a legitimate expectation of privacy, or a physical intrusion such as would constitute a trespass at common law 2) Seizure can be of both a person and/or property. of person occurs when police interfere with an individuals freedom of movement. seizure of property is an interference with a persons right to.   Teacher’s Talk Law Now: Search and Seizures in School. The Supreme Court of Canada recently observed that these instruments frequently store as much, or more, personal and deeply private information about individual Canadians as any other form or place where information is collected.” Section 8 of the Charter of Rights and Freedoms.


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Law of search and seizure in Canada by James A. Fontana Download PDF EPUB FB2

The Law of Search and Seizure in Canada is the definitive text on all aspects of this intricate and rapidly evolving area of criminal law. Much cited by Canadian courts at all levels, this seminal volume clearly lays out the complex legal framework that governs the issuance, execution and review of search warrants, and the rules limiting warrantless activities by state agents.

Get this from a library. The law of search and seizure in Canada. [James A Fontana; David Keeshan] -- "[This book] lays out the complex legal framework that governs the issuance, execution and review of search warrants, and the rules limiting warrantless activities by state agents.

The book also. Search and Seizure The Fourth Amendment to the U.S. Constitution protects citizens and criminal suspects from unreasonable searches of their property and persons, and prohibits police officers from making unlawful arrests ("seizures").

Although this may seem straightforward, the law on these rights is not necessarily so. ISBN: OCLC Number: Notes: Includes index. Description: ciii, pages ; 24 cm: Contents: Search Warrants --Requirements Common to Both Search Warrants and the Supporting Information --Search Warrant Information --Duties of the Issuing Judge or Justice --The Execution of Search Warrants --Description of Seized Goods --Duties of the Peace Officer in the.

Search And Seizure Law In Canada book. Read reviews from world’s largest community for readers. Be the first to ask a question about Search And Seizure Law In Canada Lists with This Book. This book is not yet featured on Listopia.

Add this book to your favorite list» Community : Scott C. Hutchison. The Law of Search and Seizure in Canada (Book): Fontana, James A. ↑R v Nicolosi, CanLII (ON C.A.), per Doherty JA () R v Campbell, SCC 32 (CanLII){AtL|flz50|14}} (" In order to comply with s.

8 of the Charter, prior to conducting a search the police must provide reasonable and probable grounds, established upon oath, to believe that an offence has been committed and that there is evidence to be found at the place of the search" [quotation.

Law of Search and Seizure in Canada [James A Fontana] on *FREE* shipping on qualifying offers. The search-and-seizure provisions of the Fourth Amendment are all about privacy. To honor this freedom, the Fourth Amendment protects against "unreasonable" searches and seizures by state or federal law enforcement authorities.

The flip side is that the Fourth Amendment does permit searches and seizures that are reasonable. Search and seizure in law enforcement is an important area, and this book is devoted solely to that topic. This book aims to provide critical information about the U.S.

Constitution, with special emphasis on search and seizure. It will help law enforcement officers to increase their legal knowledge about search and seizure and create a Cited by: 1. The Honourable James A. Fontana was a Judge of the Ontario Court of Justice from until his retirement in and is considered by many to be Canada's leading authority on the law of search and seizure.

Since the publication of The Law of Search Warrants in Canada inhe has provided the profession with thoughtful and highly respected analyses of search and seizure issues. Section 8 of the Canadian Charter of Rights and Freedoms provides everyone in Canada with protection against unreasonable search and right provides Canadians with their primary source of constitutionally enforced privacy rights against unreasonable intrusion from the state.

Typically, this protects personal information that can be obtained through searching someone in pat-down. Search and seizure is a procedure used in many civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person's property and confiscate any relevant evidence found in connection to the crime.

Dareton police search the vehicle of a suspected drug smuggler in Wentworth, in the state of. Law book news. Industry. Academic faculty. Librarians. Legal professionals. HR professionals.

Tax professionals. International customers. Products. Top legal products. WestlawNext canada. Practical law canada. Data privacy advisor. Contract express. Drafting assistant. Search and Seizure Law in Canada; Formats and pricing What’s inside. The Law of Search and Seizure in Canada Hardcover – Jan.

1 See all formats and editions Hide other formats and editions. Amazon Price New from Used from Hardcover, Jan. 1 "Please retry" — Format: Hardcover. If you believe school officials violated your child's Fourth Amendment privacy rights, you may want to consult with a lawyer.

An attorney experienced in civil rights law can review the circumstances, explain how search-and-seizure principles and the law in your state apply, and discuss the legal options that may be available to you. The law of search and seizure in Canada Fontana, James A Searches and seizures KB S4 F Only available in counties 8th ed.

LexisNexis Canada Book Cape Breton id good Police powers: search and seizure in criminal law enforcement Police powers: search and seizure in criminal law enforcement.

Law of America > Law of Canada > Federal law. Common and collective provincial law Individual provinces and territories > Criminal procedure > Author: Hongwei Domingo.

Search and seizure, practices engaged in by law enforcement officers in order to gain sufficient evidence to ensure the arrest and conviction of an offender.

The latitude allowed police and other law enforcement agents in carrying out searches and seizures varies considerably from country to country. There is considerable variance in the amount of protection given to the individual rights of. Search and seizure under the income tax act: summary of a study paper prepared for the Law Reform Commission of Canada / by Neil Brooks and Judy Fudge.

KF B Search and seizure: a statement of the current principles and their application / Evelle J. Younger, attorney general. Search Warrant Information: p. Duties of the Issuing Justice: p. The Execution of Search Warrants: p. Disposition of Seized Goods: p.

Duties of the Peace Officer in the Search and Seizure Process: p. Reviewing a Search and Seizure Process: p. Special Criminal Code and Other Search Powers: p. Powers of Search.Seizure on failure to produce authorization. (1) Despite section [search and seizure for firearms without warrant], a peace officer who finds (a) a person in possession of a prohibited firearm, a restricted firearm or a non-restricted firearm who fails, on demand, to produce, for inspection by the peace officer, an authorization or a licence under which the person may lawfully.Get Textbooks on Google Play.

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