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25 Cards in this Set
- Front
- Back
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R v. DAVIES
1982 |
Differentiates b/w informer & agent.
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R v. SCOTT
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If informant is material witness, he can be compelled to testify; therefore, keep him away when the transaction occur.
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R v. PIZZARDI
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The crown must not have an oblique motive in not calling a witness (ie., the witness would offer evidence to the contrary).
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R v. NG
1996 |
Established idea of informant privilege in court.
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R v. COSTAIN
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Need to corroborate & verify informant info as much as possible.
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R v. AMATO
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If the agent induces the accused to commit the act, its entrapment.
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R. v STINCHCOMBE
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Discusses disclosure; disclosure of informant information is not required (as per LEIPERT).
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R v. COLLINS
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A search is reasonable if:
1. authorized by law 2. the authorizing law is reasonable 3. the manner of search is reasonable |
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R v. PLONT
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Every person has a biographical core of personal information which requires judicial pre-authorization to obtain. Such a core may include:
· Employment records · Financial records · Health records · Communication records · Academic records Law enforcement cannot use administrative or regulatory legislation to further a criminal investigation. |
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FEENEY: when you have reasonable grounds to believe or a warrant exists for someone, & you know hes in a dwelling house, you cannot enter to get him unless you have reasonable grounds to believe evidence will be destroyed or the subject is a danger to himself/someone else.
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When police have reasonable grounds to believe or a warrant exists for someone, & they know hes in a dwelling house, police cannot enter to get him unless they have reasonable grounds to believe evidence will be destroyed or the subject is a danger to himself/someone else.
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R v. Debot
(1996) |
HEARSAY EVIDENCE may be used to obtain a search warrant When police have confirmed the reliability of the hearsay evidence.
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Gottschalk vs. Hutton
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A search warrant does not give police the right to search persons found in the residence. The authority to search persons in the residence is incidental to arrest.
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R v. LEIPERT
1997 |
Defence must show that innocence is at stake for the prosecution to be required to expose the informant if this were applicable, the informant would be classified as an agent.
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R v. PHILLIPS
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Allows prosecution to stay proceedings should it not wish to reveal informants ID.
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R v. BROYLES
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Discussed statements made in custody when facilitated by law enforcement (ie., to a jailhouse informant); these may violate s.7 of Charter.
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R v. HUNTER
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Prosecution can edit informer info in sealed informations when disclosing to defence, as long as the info edited is not essential to the case.
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R v. SIMON
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Can use the big fish to catch a small fish.
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R v. AMATO
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If the agent induces the accused to commit the act, its entrapment.
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R v. MACK
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Defines entrapment; concerned with illegal acts by an agent affecting his credibility.
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R v. GROSSMAN
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Discusses handler credibilty; police handler was excellent, & kept notes of every conversation.
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HUNTER vs. SOUTHAM
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Any warrantless search is unreasonable.
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R v. NICOLISI
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Can do an inventory search only if authorized to search & seize.
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R v. SHEA
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Plain View Doctrine - you can seize something without a warrant if:
· Youre lawfully on the premises · Youre lawfully positioned · Something unlawful seen in plain view |
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R v. WILLS
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Points to consider when assessing whether consent is acceptable:
Subject has to consent after being told: · Consent is voluntary · Subject knows he doesnt have to consent · Subject knows he can withdraw consent at any time · Subject knows what will happen if anything is found · Subject has been chartered |
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R v. COLORUSSO
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Regulatory/administrative legislation cant assist criminal investigation.
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