landmark case

Summary: In the year of 1991 a murder had taken place that brought upon suspicion and several conflicts amongst officials. The murder was of a man by the name of Frank Boyle and one of the suspects for the crime was Michael Feeney, the police had been informed that he was seen near the victim’s truck earlier that day. During the investigation of the murder, the police went to Feeney’s residence and waited for him to come out. When there was no answer, the police had to barge in and they searched the premises without permission. The house was an equipment trailer and the police found Feeney in his bed, they told him to get up and they saw blood stains on Feeney’s shirt. After noticing blood on his shirt the police immediately arrested him and briefly advised him of the right to a council. The accused was asked several questions and his shirt was later seized. He had been questioned for eight hours straight and he still wasn’t able to contact his lawyer, during the questioning Feeney admitted to stealing the victim’s cigarettes, beer and also some cash.
Analysis:
This is a charter case because the Canadian charter of Rights and Freedoms states every citizen’s rights and freedoms and in this case, Mr. Feeney's rights against unreasonable search and seizure were infringed upon. Mr. Feeney was unreasonably searched; therefore this violated his guaranteed rights under section 8 it is evident that Mr. Feeney's rights were violated because during the murder investigation, the police had trespassed onto the suspect’s property without any valid search warrant. Under section 8 of the Charter it clearly states that everyone has the right to be secure against unreasonable search or seizure. Because the police did not have a search warrant while entering his house they infringed his rights by forcing themselves into the house and unlawfully detaining possessions that belonged to Mr. Feeney. Feeney was detained immediately after being woken up by the officers, he had not