Does a party have a reasonable expectation of privacy when searching the home of the accused's girlfriend?

Saskatchewan, Canada

The following excerpt is from R v Getz, 2014 SKQB 92 (CanLII):

Edwards, supra also confirms (relying on Hunter v. Southam Inc., 1984 CanLII 33 (SCC), [1984] 2 S.C.R. 145, 11 D.L.R. (4th) 641) that the fact that the accused had no proprietary interest in the property does not mean he cannot claim a reasonable expectation of privacy in his own right. In Edwards, the court considered the admissibility of evidence obtained as a result of a search of the accused's girlfriend's apartment. On the facts, the court held the accused did not have a reasonable expectation of privacy. He was no more than a privileged visitor who kept a few personal belongings at the apartment. He did not contribute to rent or household expenses, and could not regulate access. The court noted (at paras. 49-50) that it was very important that the accused could not exclude others from the apartment, as “the right to be free from and intrusion or interference is a key element of privacy.”

Other Questions

What is the test for a reasonable expectation of privacy? (Saskatchewan, Canada)
Is a pat-down search of the person following his arrest outside his vehicle a reasonable search? (Saskatchewan, Canada)
Is a common law search power incidental to arrest an exception to the ordinary requirements for a reasonable search? (Saskatchewan, Canada)
What is the test for determining whether there is an overwhelming imbalance of power between the stronger party and the weaker party? (Saskatchewan, Canada)
Can a party in his own name adopt a property in the name of the owner without the consent or sanction of the other party? (Saskatchewan, Canada)
Is a vicariously liable party bound by the same procedural considerations as the party at fault? (Saskatchewan, Canada)
What is the test for determining whether there was connivance between the parties in the context of the definition of a party to a marriage contract? (Saskatchewan, Canada)
Is a search warrant granted in a regulatory context sufficient to satisfy the reasonableness inquiry? (Saskatchewan, Canada)
Does a party and a party have to pay additional costs to a mortgage? (Saskatchewan, Canada)
What are the legal consequences if a party agrees to surrender a lease with another party? (Saskatchewan, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.