Is The Search In R. V. Polesky Reasonable?

Is the Search in R. v. Polesky Reasonable?
On an episode of Law and Order, Mr. Polesky was tried for second degree murder based on the captivation of a murder weapon found under the mattress he sleeps on in Central Park. Section 8 of the Canadian Charter of Rights and Freedoms states that:
“everyone has the right to be secured against unreasonable search or seizure”.
Canadian Charter of Rights and Freedoms Schedule B, Constitution Act, 1982,
s. 8 [Charter]
Although the search that revealed the murder weapon and proved Polesky’s involvement in the murder was done without a warrant, if it can be proven that the individual does not have a reasonable expectation of privacy, the police do not need to obtain a warrant to search. This means that

v. Edwards (2009)
Based on Canadian laws and jurisprudence it is evident that although the officers did not have a warrant, the search was still reasonable because of Polesky’s diminished expectation of privacy in the park and because of the danger the case poses on society. Mr. Polesky chose to create his sleeping set-up in the middle of one of the busiest parks in New York City, where many people walk and explore every day. It is obvious that a person has the lowest expectation of privacy in public places such as parks because not being allowed to search these areas for danger hazards, poses a risk to the entire society. While the opposition may argue that the cardboard box and mattress in the middle of the park was Mr. Polesky’s home, it does not meet the legal requirements to have a reasonable expectation of privacy because he does not own the land and cannot control who can walk in and out of it. In R. v Edwards a similar situation arose, in which the accused did not have a reasonable

v. Polesky, assuming that s. 8 of the Charter was determined to be unreasonable, the seriousness of the Charter- infringing state conduct is very minimal. It is evident that the officers did not intend to infringe Polesky’s rights guaranteed in the Charter because they sincerely thought that they did not need a warrant to search public property. This was evident when analyzing the officers reaction after finding out that the accused claimed his rights were violated by searching without a warrant. The officers intentions were to merely act in good faith out of their concern for society that a murderer could potentially be on the loose. Their goal was to only find the murder weapon to uncover the truth in the case, not to look through any of his personal items. Due to the fact that the officers did not deliberately infringe upon Polesky’s rights and did not understand how searching public property would be considered unlawful, the seriousness of the infringement is on the low end of the