Nothing Plus Nothing Equals... Something? A Proposal for FLIR Warrants on Reasonable Suspicion

23 Criminal Reports (6th) 239, 2005

6 Pages Posted: 22 Aug 2012

See all articles by Steve Coughlan

Steve Coughlan

Dalhousie University - Schulich School of Law

Marc Gorbet

affiliation not provided to SSRN

Date Written: 2005

Abstract

Over a series of decisions, the Court has been backing itself into a corner with its section 8 jurisprudence. Section 8 protects against unreasonable searches. Since the earliest ruling on the section in Hunter v. Southam} searches are prima facie unreasonable if they take place without a warrant. Thus, before conducting a search, police must have a warrant. Before getting a warrant, police must have information about the accused. Obtaining information about the accused probably involves conduct that qualifies as a search. Thus for example in K. v. Kokesch, R. v. Wiley, and R. v. Plant, perimeter searches, conducted in order to get grounds for seeking a warrant, were themselves warrantless searches which violated s. 8. In order to get warrants to conduct those searches, police would need already to have reasonable grounds to believe that the search would produce evidence. That evidence in turn would have to consist of personal information likely to invoke a reasonable expectation of privacy. Barring reliable unsolicited tips arriving at the police station, this regression is potentially endless.

Keywords: Section 8, unreasonable search, Hunter v. Southam, warrant, information, perimeter search, reasonable grounds, reasonable suspicion, evidence

Suggested Citation

Coughlan, Steve and Gorbet, Marc, Nothing Plus Nothing Equals... Something? A Proposal for FLIR Warrants on Reasonable Suspicion (2005). 23 Criminal Reports (6th) 239, 2005, Available at SSRN: https://ssrn.com/abstract=2133495

Steve Coughlan (Contact Author)

Dalhousie University - Schulich School of Law ( email )

6061 University Avenue
6061 University Ave
Halifax, Nova Scotia B3H 4H9
Canada

Marc Gorbet

affiliation not provided to SSRN

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