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Since the index links to Wikipedia articles, why is it appropriate to have these external links? If it is appropriate, then would it not be more useful to have the links linked to the case names in the list, i.e. as citations? -- Bejnar ( talk) 17:20, 3 December 2018 (UTC)
For example, a notable case in South Africa juriprudence is S v Motloutsi17 (1996 2 BCLR 220 (C) 229 A-B) in which a person who was leasing property (lessee) sublet a room to the accused. The court held that the consent from the lessee did not amount to a valid consent in terms of section 22(a) of the Criminal Procedure Act because the lessee did not have the accused’s property in his custody or under his control and he did not have the right to pry into the accused’s private possessions. The only person who could have consented was the accused. Therefore the search and seizure was unlawful. See also Powell NO and Others v Van Der Merwe and Others (2005 1 All 49 (SCA) 49) where the defendent was deemed to have consented to an otherwise unlawful search.
In Canada, see for example the notable case of Rv Borden (1994) (119 DLR (4th) 74 (SCC) 87). There the police stated that blood would be taken for a specified purpose. The accused consented to the taking of a blood sample on that understanding. However, subsequently the police attempted to use the results for a different, unrelated offense. The court held that the consent was thus invalid as the unrelated offense, since the accused had not consented to that use.
There are doubtless other cases from common law jurisdictions that have achieved notablity in this field, even if their Wikipedia articles have yet to be written. -- Bejnar ( talk) 17:14, 3 December 2018 (UTC)
This should be a place to find the case law articles, not a place for analysis. The individual linked articles, and the summary articles like Terry stop, are where the law review articles should be considered and cited. -- Bejnar ( talk) 05:36, 4 December 2018 (UTC)
![]() | This article is rated List-class on Wikipedia's
content assessment scale. It is of interest to the following WikiProjects: | |||||||||||||||||||||||||||||||||||||
|
Since the index links to Wikipedia articles, why is it appropriate to have these external links? If it is appropriate, then would it not be more useful to have the links linked to the case names in the list, i.e. as citations? -- Bejnar ( talk) 17:20, 3 December 2018 (UTC)
For example, a notable case in South Africa juriprudence is S v Motloutsi17 (1996 2 BCLR 220 (C) 229 A-B) in which a person who was leasing property (lessee) sublet a room to the accused. The court held that the consent from the lessee did not amount to a valid consent in terms of section 22(a) of the Criminal Procedure Act because the lessee did not have the accused’s property in his custody or under his control and he did not have the right to pry into the accused’s private possessions. The only person who could have consented was the accused. Therefore the search and seizure was unlawful. See also Powell NO and Others v Van Der Merwe and Others (2005 1 All 49 (SCA) 49) where the defendent was deemed to have consented to an otherwise unlawful search.
In Canada, see for example the notable case of Rv Borden (1994) (119 DLR (4th) 74 (SCC) 87). There the police stated that blood would be taken for a specified purpose. The accused consented to the taking of a blood sample on that understanding. However, subsequently the police attempted to use the results for a different, unrelated offense. The court held that the consent was thus invalid as the unrelated offense, since the accused had not consented to that use.
There are doubtless other cases from common law jurisdictions that have achieved notablity in this field, even if their Wikipedia articles have yet to be written. -- Bejnar ( talk) 17:14, 3 December 2018 (UTC)
This should be a place to find the case law articles, not a place for analysis. The individual linked articles, and the summary articles like Terry stop, are where the law review articles should be considered and cited. -- Bejnar ( talk) 05:36, 4 December 2018 (UTC)