Can evidence obtained in the first search be excluded from the second search?
Ontario, Canada
The following excerpt is from R. v. Singh, 2015 ONCJ 328 (CanLII):
[29] I return to the issue of the first searches. Should the evidence obtained in the first, pre-R v. Spencer searches be excluded? Had the second Charter breach not occurred, I would have admitted the evidence obtained in the course of the first search, for the reasons set out in R v. Spencer. However, in light of the second breach, I would also exclude this evidence, for the following reasons.
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