What is the test for a search warrant to be used in search warrants?
Ontario, Canada
The following excerpt is from R. v. Brown, 2003 CanLII 31987 (ON SC):
Mr. Justice Lamer wrote in the case of Descoteaux v. Mierzwinski 1982 CanLII 22 (SCC), [1982] 1 S.C.R. 860 at page 889, “Searches are an exception to the oldest and most fundamental principles of the common law, and as such the power to search should be strictly controlled.”
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