Discussion Forum 2

This assignment relates to the following Course Learning Requirements:

CLR1.1 - Interpret the criminal code and other federal and provincial statutes to determine appropriate arrest authorities.

CLR2.3 - Assess situations to determine appropriate search and seizure procedures given specific circumstances.

CLR3.3 - Articulate reasoning and decision-making based on lawful authority.

Objective of this Assignment: To apply correct search and seizure guidelines and laws in a law enforcement scenario without breaching Charter rights.

For this assignment, read the following statement:

"You, along with your partner, are on patrol and respond to a theft call at an electronics store at a local mall. Two suspects stole several phones worth $ 6,000. The security guard has one person in custody and lets you know they have not searched the suspect, and they believe the suspect to have one phone on them. The suspect does not consent to a search. The second suspect is located and arrested in the parking lot of the mall by your partner. While this suspect consent to be searched, however, they don't consent for the car, and you believe the phones are in the vehicle."

For discussion:

Answer the following questions:

1. What you would do to ensure the search and seizure of evidence is lawful, to support charges of Theft Over $ 5,000?
2. What are your legal grounds and what authorities would you use?