What is the test for obtaining a warrant to search a person's home?

Ontario, Canada


The following excerpt is from R. v. Monney, 1997 CanLII 979 (ON CA):

The Fourth amendment to the United States Constitution states: "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized." The Fourth Amendment has been interpreted as requiring that searches and seizures be reasonable. In deciding whether a search is reasonable the judge must balance the intrusiveness on the individual's privacy interests against the promotion of legitimate governmental interests: United States v. Villamonte-Marquez, 462 U.S. 579 at 588.

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