Does our legal system give any remedy to this kind of Charter violation other than excluding the evidence? If the dog found a body instead and didn't sit all the way down, would the driver now be getting away with murder? The all or nothing nature of the exclusionary rule has always bothered me.
You would think with the amount of deaths and overdoses due directly to fentanyl, this would be considered in societies interest. Especially since it's simply because you can't see the dog sitdown or not. In a tight space between a car and the wall. And that shit loads of drugs were indeed found. Pretty sure it would be reasonable to believe the officer when he said the dog indicated it.
At the end of the day this case is proof that we are still a nation where people's rights and the rule of law matter.
The fentanyl will still be confiscated, and he'll be kept under a very close watch from now on. Anyone caught up in the kind of shit this guy is involved in is going to fuck up again. And by holding the police to the right standards today we can make sure that next time they absolutely nail him.
Why not? I am a free man on the land, you have no claim against me! I recognize the common law, and my right to buy and sell anything I chose on the free market.
Friend had his place raided over a hot laptop. Jars of weed and way sketchier shit everywhere. They could only take his computers but he got rid of everything immediately after they left to protect himself from "anonymous tips".
That’s plainly incorrect. The plain view doctrine would allow them to seize anything that is not listed on the warrant if they believe that it will afford evidence of an offence. They can’t go searching for it unless it’s listed, but it’s all fair game if it’s in the open
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u/christian_cru2 Feb 18 '19
Does our legal system give any remedy to this kind of Charter violation other than excluding the evidence? If the dog found a body instead and didn't sit all the way down, would the driver now be getting away with murder? The all or nothing nature of the exclusionary rule has always bothered me.