What is the test for a warrantless perimeter search?
British Columbia, Canada
The following excerpt is from R. v. Grant, 1992 CanLII 5996 (BC CA):
In Kokesch, Dickson C J.C. referred at p. 216 to the passage in Hunter v. Southam which I have quoted and stated that the absence of prior authorization raised a presumption of unreasonableness which must be rebutted by the party seeking to justify the warrantless search. He held that the warrantless perimeter search conducted by the police in Kokesch breached s. 8 of the Charter. The majority of the court agreed with that part of his judgment.
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