Is a search conducted without a warrant prima facie unreasonable?
Saskatchewan, Canada
The following excerpt is from R. v. Nguyen, 2001 CanLII 361 (SK PC):
37 A search conducted without a warrant is prima facie unreasonable, Hunter v. Southam Inc. 1984 CanLII 33 (SCC), [1984] 2 S.C.R. 145, 14 C.C.C. (3d) 97.
38 The common law power incidental to arrest is an exception to the ordinary requirements for a reasonable search, Cloutier v. Langlois 1990 CanLII 122 (SCC), [1990] 1 S.C.R. 158, 53 C.C.C. (3d) 257.
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