Apr 16
R. v. Breault: Approved Screening Device Demands
Since impaired driving law is a technical area of law, contact the Brampton impaired lawyers and Toronto impaired lawyers at Lockyer Zaduk Zeeh to review your case and advise you whether the police respected your Charter rights. We have represented clients charged with refusal and other driving offences such as impaired driving, excess blood alcohol, and dangerous driving. We understand the serious consequences you will suffer from losing your license and having a criminal record. We work tirelessly to ensure we provide our clients with their best defence to help them avoid losing their license and from being convicted.
Apr 16
Charter Rights: Vehicle Searches
The police can search your vehicle without a warrant in certain situations. Here are some scenarios where a warrantless search may be permitted: consent, incidental to arrest, plain view, exigent circumstances, pursuant to Provincial legislation.
Apr 16
Charter Rights: Strip Searches
A strip search is a type of search in which a person is required to remove some or all their clothing so that the police can inspect their body and clothing for evidence. A strip search is not the same as a pat-down search, which is a less invasive type of search that does not require a person to remove any clothing.
Apr 16
Charter Rights: What is Search Incident to Arrest?
Search incident to arrest is a legal doctrine that allows police officers to conduct a search of an arrested person and the surrounding area without a warrant. It is not an automatic right for law enforcement officers.
Apr 16
Charter Rights: Detention
A police interaction can turn into a detention when a person’s freedom of movement is restricted or restrained by the police, even if it is only temporarily. A detention occurs when a reasonable person in the individual’s circumstances would feel that they are not free to leave. This means that a person does not have to be physically restrained or placed in handcuffs to be considered in detention. If the police use their authority to restrict a person’s freedom of movement, either through physical force, verbal commands, or by creating an intimidating or coercive environment, then it could be considered a detention.
Apr 16
Charter Rights: Consent Search
If you voluntarily give your consent for the police to search a location (such as your vehicle) or your cell phone, they can do so without a warrant.
