Does the accused have a reasonable expectation of privacy in the property searched?
British Columbia, Canada
The following excerpt is from Regina v. Hoang, 2004 BCPC 106 (CanLII):
Further, the question of whether the accused has a reasonable expectation of privacy in the property searched is to be determined on the basis of the totality of the circumstances, including his presence at the time of the search, possession or control of the property, ownership of the property, historical use of it, any subjective expectation of privacy, and the objective reasonableness of the expectation: Edwards v. The Queen, at pp. 150-151.
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