What is the test for reasonable and probable grounds to believe that the accused is in possession of weapons or evidence?
Nova Scotia, Canada
The following excerpt is from R. v. Cain, 2019 NSSC 398 (CanLII):
There is no need for the existence of reasonable and probable grounds to believe that the accused is in possession of weapons or evidence as a prerequisite to such a search, provided that the search is not done abusively or done with constraints that are disproportionate to the contextual circumstances. (See for example, Cloutier v. Langlois, 1990 CanLII 122 (SCC), [1990] 1 SCR 158)
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