Can a search without a warrant of 32 Shirlea be presumptively unreasonable?

Ontario, Canada


The following excerpt is from Brown v Ministry of the Attorney General/Ontario et al., 2015 ONSC 5766 (CanLII):

A search without a warrant is presumptively unreasonable, see Hunter v. Southam Inc., 1984 CanLII 33 (SCC), [1984] 2 S.C.R. 145. When a search is made without a warrant, the police must show something else that would make the search lawful, such as exigent circumstances or search incident to arrest. In this case, the plaintiff has pleaded at paragraph 41 of the new claim that the search of 32 Shirlea on June 16, 2011 was made without a warrant. The plaintiffs further plead at paragraphs 41 and 53 that no exigent circumstances existed at the time to justify the search. As such, the plaintiffs have sufficiently pleaded this element to establish that the search was unreasonable. Search with a Warrant of 32 Shirlea and 123 Macon

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