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In R v Stairs, 2022 SCC 11 [Stairs], the Supreme Court of Canada ("SCC") attempted to balance privacy rights and law enforcement objectives. The court addressed the question of when, and under what circumstances, officers can search an arrested person's home without a warrant. The unsettling answer is: more often than you would expect. Background
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Specifically, where the area searched incident to arrest in a home is outside the arrested person's physical control at the time of the arrest, the common law standard for search incident to arrest must be modified in two ways that make the standard stricter.
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On Friday April 8 the Supreme Court released its ruling in R v Stairs, a case that examined police authority to conduct a warrantless search of a house after a person has been arrested. CCLA intervened in the case to argue that the police must have reasonable and probable grounds to search someone's home incident to arrest.
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In R v Stairs, the Supreme Court of Canada extended the search incident to arrest doctrine to allow warrantless searches of an arrestee's home. The heightened privacy interests in a home nevertheless led the Court to modify the common law doctrine where the area of the home searched is outside the arrestee's physical control.
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From such precedent, it is not surprising that a lot of anticipation existed for the most recent case of R. v. Stairs, which involves one of the greatest privacy interests of all: the home. All in all, the final decision represents a continuity of many SCC norms, while at the same time taking a less aggressive, more Charter friendly tone than.
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R. v. Stairs, 2020 ONCA 678, 2022 SCC 11 (39416) "A call was placed to 9‑1‑1 to report a man repeatedly hitting a woman in a car. Police officers located the car parked in the driveway of a house. They knocked on the front door and loudly announced their presence, but no one answered. Fearing for the woman's safety, they entered the house.
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Case in Brief: R. v. Stairs disponible en français Judgment of April 8, 2022 | On appeal from the Court of Appeal for Ontario Neutral citation: 2022 SCC 11 The Supreme Court rules police did not violate an Ontario man's privacy when they searched his home.
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R v Stairs, 2022 SCC 11 is a constitutional rights decision of the Supreme Court of Canada. The Court established new standards for searches of a person's home after they have been arrested.