What is the test for admitting evidence from a search without a warrant?
British Columbia, Canada
The following excerpt is from R. v. Vanderwall, 2002 BCPC 623 (CanLII):
Regina v. Stillman (1997), 113 C.C.C. (3d) at 321 (S.C.C), outlines the considerations of a court in deciding whether or not evidence seized as a result of a warrantless search should be admitted into evidence: The court must consider factors affecting the fairness of the trial process, the seriousness of the violation, and the possibility that the administration of justice could be brought into disrepute by excluding evidence, even though it was obtained in violation of the Charter.
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