Chapter 8

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1. A warrantless search is presumed to be unreasonable, although this is a rebuttable presumption.

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2. A fundamental aspect of section 8 of the Charter is that the decision to issue a warrant must first consider the interests of law enforcement, and then the interests of the individual.

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3. A warrant is not essential in order to conduct a search of a student by a school authority.

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4. The reasonable grounds required to obtain a search warrant require the standard of credibly based probability.

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5. Police officers are allowed to search outside a house in order to gather sufficient information to obtain a warrant to search a house for illegal drugs.

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6. Since section 8 protects property, not people, a person must have a proprietary interest in something for his or her privacy to be invaded.

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7. A police officer who knocks on the door of a house in order to determine (through the odour coming from the house) whether the occupants are in possession of drugs is violating section 8 of the Charter.

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8. Police officers do not need reasonable grounds to conduct a search incident to arrest.

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9. The plain-view doctrine is not a power to search as such, but rather a power to seize items in plain view.

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10. Once a person consents to a search, that consent cannot be withdrawn.

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