Podcast
Questions and Answers
Which of the following scenarios would most likely be considered a violation of an individual's right to life under Section 7?
Which of the following scenarios would most likely be considered a violation of an individual's right to life under Section 7?
- A government policy that indirectly leads to an increased risk of death for a specific population. (correct)
- A new law that increases taxes on unhealthy foods.
- The introduction of a mandatory recycling program.
- The denial of a driver's license to someone with impaired vision.
Which of the following best exemplifies the 'personal autonomy' aspect of liberty, as protected under Section 7?
Which of the following best exemplifies the 'personal autonomy' aspect of liberty, as protected under Section 7?
- The right to make inherently private choices concerning individual dignity and independence. (correct)
- The right to choose one's profession without government interference.
- The right to participate in political demonstrations.
- The right to freely travel within the country.
Which scenario would most likely be considered a violation of the 'security of person' under Section 7, specifically relating to the mental component?
Which scenario would most likely be considered a violation of the 'security of person' under Section 7, specifically relating to the mental component?
- A state action that results in a serious and profound effect on a person's psychological integrity. (correct)
- The implementation of a new traffic law.
- The requirement to attend jury duty.
- A minor inconvenience caused by a government regulation.
Under Section 8, what is the primary consideration when determining the reasonableness of a search or seizure?
Under Section 8, what is the primary consideration when determining the reasonableness of a search or seizure?
In which of the following locations would an individual generally have the highest expectation of privacy, according to Section 8?
In which of the following locations would an individual generally have the highest expectation of privacy, according to Section 8?
What foundational requirement typically needs to be met for a search to be considered reasonable under Section 8?
What foundational requirement typically needs to be met for a search to be considered reasonable under Section 8?
Under what circumstances might a warrantless search be considered legally justified?
Under what circumstances might a warrantless search be considered legally justified?
The police obtain a warrant to search a suspect's home for illegal firearms. Which of the following actions would likely be deemed unreasonable under Section 8?
The police obtain a warrant to search a suspect's home for illegal firearms. Which of the following actions would likely be deemed unreasonable under Section 8?
What specific requirement needs to be met by the law authorizing a search for it to be deemed reasonable under Section 8?
What specific requirement needs to be met by the law authorizing a search for it to be deemed reasonable under Section 8?
Which of the following best illustrates a violation of spatial privacy rights as protected under Section 8?
Which of the following best illustrates a violation of spatial privacy rights as protected under Section 8?
If police execute a search warrant at a residence, what actions are generally permissible during the search?
If police execute a search warrant at a residence, what actions are generally permissible during the search?
What is the general rule regarding police officers having a warrant with them when executing a search, and what other procedural step must they take?
What is the general rule regarding police officers having a warrant with them when executing a search, and what other procedural step must they take?
Why is there a direct and important connection between bodily privacy and human dignity under Section 8?
Why is there a direct and important connection between bodily privacy and human dignity under Section 8?
Which of the following actions by police would be considered most likely to be a violation under s. 8 relating to personal privacy?
Which of the following actions by police would be considered most likely to be a violation under s. 8 relating to personal privacy?
Law enforcement believes someone is dealing drugs from their apartment. Which of the following actions requires legal authorization?
Law enforcement believes someone is dealing drugs from their apartment. Which of the following actions requires legal authorization?
In the context of Section 7, how does the concept of 'liberty' extend beyond mere physical freedom?
In the context of Section 7, how does the concept of 'liberty' extend beyond mere physical freedom?
Which of the following represents the strongest justification for a warrantless search under the 'hot pursuit' exception?
Which of the following represents the strongest justification for a warrantless search under the 'hot pursuit' exception?
A new statute authorizes random stop-and-frisk searches in high-crime areas without reasonable suspicion. What would be the most likely legal challenge to this statute under Section 8?
A new statute authorizes random stop-and-frisk searches in high-crime areas without reasonable suspicion. What would be the most likely legal challenge to this statute under Section 8?
How does Section 8 protect informational privacy?
How does Section 8 protect informational privacy?
Police obtain a warrant to search a house for stolen electronics. Upon entering, they find evidence of drug trafficking, which was not mentioned in the warrant. What action is permissible?
Police obtain a warrant to search a house for stolen electronics. Upon entering, they find evidence of drug trafficking, which was not mentioned in the warrant. What action is permissible?
Flashcards
Section 7 Rights
Section 7 Rights
Guarantees everyone the right to life, liberty, and personal security, protectable under fundamental justice.
Life (Section 7)
Life (Section 7)
Death or increased risk imposed by law or state actions, whether directly or indirectly.
Liberty (Section 7)
Liberty (Section 7)
Encompasses physical and personal autonomy; inherently private choices for individual dignity and independence.
Security (Section 7)
Security (Section 7)
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Section 8 Rights
Section 8 Rights
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Personal Privacy
Personal Privacy
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Spatial Privacy
Spatial Privacy
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What is a Search?
What is a Search?
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Legal Authorization (Search)
Legal Authorization (Search)
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Warrantless Searches
Warrantless Searches
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Reasonable Searches:
Reasonable Searches:
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Study Notes
- Section 7 of a legal framework grants everyone the rights to life, liberty, and personal security, preventing deprivation except by fundamental justice principles.
Life
- Life is impacted if laws or state actions impose death or increase mortality risk, directly or indirectly.
Liberty
- Liberty includes physical components like restraint, imprisonment, detention, and extradition.
- Personal autonomy is also a component, covering private choices central to individual dignity and independence.
Security
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Security includes a physical component: the right to control one's bodily integrity, relating to issues like assisted suicide, abortion, and refusal of medical treatment.
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Security also includes a mental component, requiring state actions to have serious and profound effects on psychological integrity causing harm.
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Section 8 protects everyone from unreasonable search or seizure.
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It balances individual privacy interests against government interests.
Privacy Interests
- Personal privacy: A high expectation exists for searches of the body or clothing.
- Informational privacy: A high expectation exists for privacy of information on biological attributes, lifestyle details, and personal choices.
- Territorial privacy: A high expectation exists within one's home.
What Constitutes a Search
- A search occurs when government agents intrude on an individual’s reasonable expectation of privacy.
- A warrant is the basic requirement for a reasonable search.
Warrantless Searches
- Warrantless searches can occur with consent, during hot pursuit, or with legal authorization.
Legal Authorization for Searches
- The search must be authorized by law (statute or case law).
- The law authorizing the search must be reasonable.
- The search must be carried out in a reasonable manner.
Reasonable Searches
- Searches must be carried out reasonably.
- Police must have the warrant during the search and announce their presence before forcing entry.
- People inside the place being searched can be detained until the search is done but generally not searched themselves.
- Only reasonable force can be used, unless there are prior safety concerns.
- Failure to follow these rules makes a search unreasonable, violating s. 8.
Personal Privacy
- Bodily privacy is directly and importantly connected to human dignity.
- The highest expectation exists for privacy and protection against searches involving our body and clothing.
Spatial Privacy
- Privacy is expected for owned property and items.
- Areas socially understood as more intimate have a higher degree of privacy.
- A home has a higher expectation of privacy than a car.
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