What is the test for obtaining a search warrant to search a person’s home?
British Columbia, Canada
The following excerpt is from R. v. John, 1986 CanLII 1166 (BC CA):
In Breithaupt v. Abram, Brennan J. opined that as search warrants are ordinarily required for searches of dwelling-houses, they should be equally required “… absent an emergency … where intrusions into the human body are concerned”.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for obtaining a general warrant to search a person's home? (British Columbia, Canada)
What is the test for obtaining a search warrant under s. 8 of the Charter for search and seizure? (British Columbia, Canada)
What is the legal test for obtaining a search warrant from a court in Canada for the purpose of obtaining assistance from a foreign state? (British Columbia, Canada)
Does a subsequent declaration of invalid warrant result in the exclusion of evidence obtained as a result of the execution of a search warrant? (British Columbia, Canada)
What is the test for reasonable and probable grounds to search a person in a search warrant? (British Columbia, Canada)
Is a search warrant obtained by the Justice in the Information to Obtain pursuant to Section 8 of the Charter valid? (British Columbia, Canada)
Does the fact that a police officer uses a flashlight to pierce the darkness of the night to obtain a search warrant constitute a search? (British Columbia, Canada)
What is the test for obtaining a warrant to search a person's body? (British Columbia, Canada)
What is the test for a search warrant and a tracking warrant? (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)
