What is the scope of a search warrant search in a residential unit?

British Columbia, Canada


The following excerpt is from R. v Robertson, 2016 BCSC 2474 (CanLII):

To permit a more extensive search than that necessary to search for the things authorized by the warrant would be inconsistent with the purpose of s. 8 of the Charter and the principles articulated in Hunter v. Southam Inc., 1984 CanLII 33 (SCC), [1984] 2 S.C.R. 145, 14 C.C.C. (3d) 97. Otherwise, once in the place to be searched, the police could search anywhere and for anything. This would result in a very significant intrusion into the privacy interests of the occupants and permit the police to engage in a "fishing expedition" to see what evidence they might find relating to any offence, committed at any time, by anyone, without pre-authorization and without establishing reasonable grounds to do so. ….

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