Reasonable Person
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| Caselaw.Ninja, Riverview Group Publishing 2021 © | |
|---|---|
| Date Retrieved: | 2024-11-24 |
| CLNP Page ID: | 2423 |
| Page Categories: | [Legal Principles] |
| Citation: | Reasonable Person, CLNP 2423, <https://rvt.link/dg>, retrieved on 2024-11-24 |
| Editor: | Sharvey |
| Last Updated: | 2024/10/06 |
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R. v. Le, 2019 SCC 34 (CanLII), [2019] 2 SCR 692[1]
[44] The police entered the property as trespassers. Our colleague accepts this conclusion. The judicially constructed reasonable person must be taken to know the law and, as such, must be taken to know that the police were trespassing when they entered the backyard (Moldaver J.’s reasons, at para. 257). While not determinative, when the police enter a private residence as trespassers, it both colours what happens subsequently and strongly supports a finding of detention at that point in time.
References
- ↑ 1.0 1.1 R. v. Le, 2019 SCC 34 (CanLII), [2019] 2 SCR 692, <https://canlii.ca/t/j0nvf>, retrieved on 2024-02-09
