Can a judge quash an earlier executed search warrant?
Alberta, Canada
The following excerpt is from R. v. Carrier, 1996 ABCA 145 (CanLII):
A trial judge who is asked to quash an earlier executed search warrant is in effect asked to create a retroactive Charter breach. Once quashed, a warrant ceases to authorize the search. And warrantless searches are presumed unreasonable and so to violate the Charter: Evans v. R. (S.C.C. Jan. 25 1996). (Many cases hold that that presumption is rebuttable.)
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