What is the test for a reasonable search?
Ontario, Canada
The following excerpt is from R. v. Blazevic, 2010 ONSC 137 (CanLII):
The criteria for determining whether a law authorizing a search is “reasonable” were established in Hunter v. Southam. The basic requirements are: (i) reasonable and probable grounds to believe that an offence has been committed and that there is evidence to be found at the place of the search; (ii) prior authorization, where feasible, by an independent and neutral arbiter; and (iii) evidence on oath of the grounds for the search or seizure.
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