Is the use of binoculars by police a violation of the Charter of Rights?
Ontario, Canada
The following excerpt is from R. v. Roy and Biesinger, 2017 ONSC 6020 (CanLII):
The Applicant relies on an American case, People v. Arno (1979) 90 Cal. App. 3d 505, to argue that the use of binoculars by police was an invasive technique and occasioned a breach of his s. 8 Charter rights when it was used to observe his residence. The court has not been provided with any Canadian authority supporting this proposition.
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