Canadian Criminal Procedure and Practice/Search and Seizure/Warrantless Searches

Types of Search
An individual alleging a breach of his or her Charter rights bears the burden of proving that violation on a balance of probabilities. That being said, if the individual can demonstrate that a police search was conducted without a warrant, that search will be presumed to be unreasonable unless shown to be justified. The Crown then must prove the reasonableness of the search on a balance of probabilities. Reasonableness of a search has both a subjective and objective component.

The Police cannot enter into a private dwelling without a warrant, consent, or exigent circumstances.

There are four types of warrantless searches:
 * 1) Search by Consent;
 * 2) Search Incident to Detention;
 * 3) Search Incident to Arrest;
 * 4) Search of Abandoned Property;
 * 5) Search in Plain View;
 * 6) Exigent Circumstances