Criminal
Search, Seizure and Police Powers
Hunter v Southam, investigative detention, exclusion of evidence.
The Charter's s.8 protects against unreasonable search and seizure. Hunter v Southam (1984) sets the foundational framework: prior authorisation by a neutral arbiter on reasonable and probable grounds. Mann (2004) recognises a common-law power of investigative detention with a limited safety pat-down, on reasonable suspicion. Grant (2009) establishes the modern test for excluding evidence obtained in breach of the Charter under s.24(2).
Key principles
- Reasonable expectation of privacyThe s.8 touchstone.
- Investigative detention thresholdReasonable suspicion of nexus to a recent or ongoing offence.
- Grant factorsSeriousness of breach; impact on accused; society's interest in adjudication.