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Fleming v Ontario, 2019 SCC 45 is a decision of the Supreme Court of Canada on the powers of police officers under the common law ancillary powers doctrine. The Court unanimously held that police officers did not have the authority to arrest someone engaging in lawful conduct to prevent a breach of peace by others.
have powers of a police officer for the purposes of ss. 9 of the Trespass to Property Act, R.S.O. 1990, c. T.21, as amended; are designated as provincial offences officers for the purposes of enforcement of the Liquor License Act, Trespass to Property Act and TTC By-law No. 1; TEOs are also designated as agents/occupiers of the TTC. [19]
Under the Canadian constitution, criminal law is within the realm of federal authority and anyone violating this provincial statute is therefore subject to quasi-criminal (not full criminal) enforcement under the Provincial Offences Act. [1] The Act is an attempt to codify what was formerly a matter of common law. It is most often used by ...
"When the government seizes property incident to a lawful arrest, the Fourth Amendment requires that any continued possession of the property must be reasonable," wrote Judge Gregory Katsas of the ...
Attorney General Jeff Sessions just made it easier for police to seize cash and property from people suspected but not necessarily charged with crimes.
The U.S. Supreme Court on Thursday reinforced the power of law enforcement authorities to retain seized property belonging to people not charged with a crime, ruling in favor of Alabama officials ...
Law enforcement agencies are specifically given the authority to seize property, for the example the Federal Bureau of Investigation [6] The power to search and seize property is typically granted in an instance via an instrument called a search warrant.
Warrantless wiretapping can sometimes be justified under section 1 of the Charter of Rights and Freedoms in cases where exigent circumstances exist; however the Supreme Court found in R. v. Tse, 2012 SCC 16 that when police use such tactics, they must promptly notify the individual whose reasonable expectation of privacy has been infringed.