What is the test for obtaining a valid search warrant?
British Columbia, Canada
The following excerpt is from R. v. Ong and Nguyen, 2006 BCPC 384 (CanLII):
In Hunter v. Southam (1984), 1984 CanLII 33 (SCC), 14 C.C.C. (3d) 97, (S.C.C.) Dickson, C.J. stated that a requirement for a valid search was prior authorization, usually in the form of a valid warrant. “For the authorization procedure to be meaningful, it is necessary for the person authorizing the search to be able to assess the evidence as to whether the standard [for the search] has been met, in an entirely neutral and impartial manner.”
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