What is the test for privacy rights of a person carrying a briefcase?
British Columbia, Canada
The following excerpt is from R v. Leong, 2014 BCPC 99 (CanLII):
I take from that passage that, absent other factors, when a person is not crossing a border, there is a constitutional right to be free from the search of bags, purses, luggage and the like. No doubt this applies to briefcases and I believe it also extends to opaque document file folders outside of a briefcase. Put another way, I am of the view that a person carrying documents in opaque file folders has a similar privacy expectation as that held by someone in possession of a purse or a briefcase. It is relevant to this analysis that an individual takes steps to ensure an element of privacy in their documents. (See, also: R v. Le, 2013 BCCA 442 (CanLII) @ para. 17). (ii) the place of the search
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