 |
| Patrick Ducharme |
Although a person may consent to a search, even to the provision of bodily samples, the consent must be informed. Usually the most important issues in determining whether or not there is a valid consent will be whether the consent in question was given with the full understanding by the person searched of his rights to be free from unreasonable search and seizure. This requires his clear, cogent and unequivocal consent to the search, despite knowing his right to be free from unreasonable search and seizure, and, whether his right to counsel was respected.
The above is the an excerpt of Patrick J Ducharme's book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
Subscribe to Patrick Ducharme's Youtube Channel