What is the test for a search of a person's home?

British Columbia, Canada


The following excerpt is from R. v Bishop, 2018 BCSC 42 (CanLII):

The accused submits that on the totality of the evidence there is no evidence of a crime being committed. He submits there must also be evidence of a crime being committed in his residence and there is nothing supporting that either. He relies on para. 39 of Morelli: Under the Charter, before a search can be conducted, the police must provide "reasonable and probable grounds, established upon oath, to believe that an offence has been committed and that there is evidence to be found at the place of the search" (Hunter v. Southam Inc., 1984 CanLII 33 (SCC), [1984] 2 S.C.R. 145, at p. 168). These distinct and cumulative requirements together form part of the "minimum standard consistent with s. 8 of the Charter for authorizing search and seizure" (p. 168.).

Other Questions


What is the test for obtaining a search warrant to search a person’s home? (British Columbia, Canada)
What is the test for obtaining a general warrant to search a person's home? (British Columbia, Canada)
If a person acts within their legal rights, is that person liable even if another person suffers a loss? (British Columbia, Canada)
Can a police officer search a person’s personal information incidental to an arrest? (British Columbia, Canada)
What is the test for reasonable and probable grounds to search a person in a search warrant? (British Columbia, Canada)
Can one person's invitation to touch another person's penis constitute an assault? (British Columbia, Canada)
Is there a presumption of necessity in determining whether there is an absolute need for the court to order a search and seizure of a person who is not a witness? (British Columbia, Canada)
What defines an informed person and what defines that informed person? (British Columbia, Canada)
In a personal injury action for damages for personal injury, what is the current state of the law on pain? (British Columbia, Canada)
What is the impact of personal experiences on the assessment of non-pecuniary damages in a personal injury action? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.