In Canadian courts for exclusion evidence they now consider how the evidence

In canadian courts for exclusion evidence they now

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to search a closed suitcase on reasonable suspicion in attempt to uncover illicit drug carriers. In Canadian courts, for exclusion evidence, they now consider how the evidence was obtained and the all the activities surrounding the proceedings not excluding the manner in which human social values and dignity were handled in getting the evidence. The seizure and search laws in both America and Canada have developed into a great similarity in their standards and application (Machado, 2006). In Packer’s crime control model, the importance of criminal process is repression of criminal conduct which calls for a high rate apprehension and conviction system. Contrary to crime control model, due process model stressed the existence of errors that need to be eliminated. While these two states (US and Canada) approached the case of illegal search and seizure of differently, both are willing to exclude evidence into court o case by case basis. Unless countries adopt the bright line rule, the search and seizure law would remain flexible, becoming virtual case after case. A cruder approach in excluding evidence would crop bringing in complexity in law. As the federal and state legislatures make seizure and search laws, it is the police who enforce them and the
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THE EVOLUTION OF SEARCH AND SEIZURE 6 courts determine if the application of the laws was constitutionally legal. A police officer may understand these laws differently which affects his way of enforcing them. Therefore, the law should provide a limitation to police action and give procedures on how to catch a criminal; not giving the police freedom to whatever necessary to catch a criminal.
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THE EVOLUTION OF SEARCH AND SEIZURE 7 References Lawrence-Hurt, R. (2010). The Evolution of Search and Seizure Law: How New Hampshire and Federal Law Differ. Inquiry Journal, Vol. 9. Machado, P. H. (2006). The Design and Redesign of the Rule of Exclusion: Search and Seizure Law in the United States and Canada. US: UTP Publishers. Heder, B. O. (2000). The Development of Search and Seizure Law in Public Schools. Brigham Young University & Law Journal. DIO: 19305273. Taslitz, A. E. (2006). Reconstructing the Fourth Amendment: A History Search and Seizure, 1789-1868. New York: New York University Press. Bloom, R. M. (2003). Searches, Seizures and Warrants: A Reference Guide to the United States Constitution. London: Praeger Publishers. Stahlman, M. R. (2002). New Development in Search and Seizure: More Than Just a Matter of Semantics. US: UTP Publishers
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  • Winter '15
  • Law, Supreme Court of the United States, US Supreme Court

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