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Dec 16, 2017 · A “seizure” for section 8 purposes is the “taking of a thing from a person by a public authority without that person’s consent” (R. v. Dyment, [1988] 2 S.C.R. 417 at 431; R. v. Colarusso, [1994] 1 S.C.R. 20 at 58; R. v. Law, [2002] 1 S.C.R. 227 at paragraph 15).
- Chapter 9
Since the rights in sections 8-14 of the Charter are...
- Chapter 9
Apprehension by the use of deadly force is a seizure subject to the Fourth Amendment’s reasonableness requirement. See, e.g., Tennessee v. Garner, 471 U.S. 1 (1985) (police officer’s fatal shooting of a fleeing suspect); Brower v. County of Inyo, 489 U.S. 593 (1989) (police roadblock designed to end car chase with fatal crash); Scott v.
In this section, we have explored the foundational aspects of search and seizure laws, from the text of the Fourth Amendment to pivotal Supreme Court decisions that have shaped their interpretation and application.
All search and seizure is ultimately governed by the 4th Amendment to the United States Constitution, and, more specifically to Oregonians, Article 1 Section 9 of the Oregon Constitution. Although worded almost identically, the interpretations of these two texts are different.
The Fourth Amendment applies to “seizures” and it is not necessary that a detention be a formal arrest in order to bring to bear the requirements of warrants, or probable cause in instances in which warrants are not required. 68 Some objective justification must be shown to validate all seizures of the person, 69 including seizures that ...
A “seizure” for section 8 purposes is the “taking of a thing from a person by a public authority without that person’s consent” (R. v. Dyment, [1988] 2 S.C.R. 417 at page 431; R. v. Colarusso, [1994] 1 S.C.R. 20 at page 58; R. v. Law, [2002] 1 S.C.R. 227 at paragraph 15).
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Jun 2, 2023 · If your person or property is searched or your property seized without a warrant, the search or seizure is considered unreasonable unless it fits within an exception.
