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Automatic Excision Rule: Mini Lecure
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Automatic Excision Rule: Mini Lecure
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A simple rule in many respects but often misunderstood and overlooked.
The automatic excision rule requires courts to remove any information obtained through a Charter breach from an Information to Obtain (ITO) before assessing whether there were reasonable and probable grounds for a search or arrest. If the remaining information can't support the state action on its own, the warrant or arrest is invalid. The rule ensures the state can't rely on unconstitutional conduct to justify privacy intrusions.
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