About: R v Stairs

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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. At issue in the case was whether the traditional common law power of Search Incident to Arrest, which allows police officers to engage in warrantless searches of lawfully arrested persons, was compliant with section 8 of the Charter of Rights and Freedoms as it related to searches of the home.

Attributes	Values
rdfs:label	R v Stairs (en)
rdfs:comment	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. At issue in the case was whether the traditional common law power of Search Incident to Arrest, which allows police officers to engage in warrantless searches of lawfully arrested persons, was compliant with section 8 of the Charter of Rights and Freedoms as it related to searches of the home. (en)
dcterms:subject	2022 in Canadian case law Canadian criminal case law Supreme Court of Canada cases
Wikipage page ID	70500714 (xsd:integer)
Wikipage revision ID	1106648121 (xsd:integer)
Link from a Wikipage to another Wikipage	2022 reasons of the Supreme Court of Canada 2022 in Canadian case law Richard Wagner (judge) Russell Brown (judge) R v Feeney R v Golden Andromache Karakatsanis Mahmud Jamal Malcolm Rowe Common law Ontario Superior Court of Justice Canadian criminal case law Court of Appeal for Ontario Supreme Court of Canada cases Supreme Court of Canada Suzanne Côté Michael Moldaver Canadian Charter of Rights and Freedoms R v Fearon R v Grant Section 8 of the Canadian Charter of Rights and Freedoms Nicholas Kasirer Section 24 of the Canadian Charter of Rights and Freedoms R v Stillman Sheilah Martin dbr:R_v_Saeed
sameAs	R v Stairs R v Stairs
dbp:wikiPageUsesTemplate	dbt:Short_description dbt:SCCInfoBox dbt:Lexum-scc
Dissent	Karakatsanis J (en)
docket	39416 (xsd:integer)
JoinDissent	Brown and Martin JJ (en)
JoinMajority	Wagner CJ, and Rowe and Kasirer JJ (en)
citations	2022 (xsd:integer)
history	Judgment for Crown in the Court of Appeal for Ontario (en)
majority	Moldaver and Jamal J (en)
ratio	The common law Search Incident to Arrest rule needs to be modified as it relates to searches of the home to be Charter-compliant. A search incident to arrest of an area of the home not within the physical control of the accused at the time of the arrest will only be valid at common law if: 1. The police officer conducting it reasonably suspects that there is a risk to public safety that will be addressed by the search, and 2. The search is carefully tailored to address that risk. (en)
has abstract	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. At issue in the case was whether the traditional common law power of Search Incident to Arrest, which allows police officers to engage in warrantless searches of lawfully arrested persons, was compliant with section 8 of the Charter of Rights and Freedoms as it related to searches of the home. All justices agreed that the traditional standard was not compliant with section 8, and needed to be modified as it related to searches of the home to be constitutional. But the majority and minority split 5-4 on how stringent the new modified standard should be, with the majority opting for one less stringent than what the minority proposed. (en)
case-name	R v Stairs (en)
Chief Justice	Richard Wagner (judge)
Concurrence	Côté J (en)
decided-date	2022-04-08 (xsd:date)
full-case-name	Matthew Stairs v Her Majesty The Queen (en)
heard-date	2021-11-02 (xsd:date)
puisne-justices	Russell Brown (judge) Andromache Karakatsanis Mahmud Jamal Malcolm Rowe Suzanne Côté Michael Moldaver Nicholas Kasirer Sheilah Martin
prov:wasDerivedFrom	wikipedia-en:R_v_Stairs?oldid=1106648121&ns=0
page length (characters) of wiki page	14722 (xsd:nonNegativeInteger)
foaf:isPrimaryTopicOf	wikipedia-en:R_v_Stairs
is Link from a Wikipage to another Wikipage of	2022 reasons of the Supreme Court of Canada Russell Brown (judge)
is foaf:primaryTopic of	wikipedia-en:R_v_Stairs

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