How has the Court interpreted the concept of "unreasonable search" under s. 8 of the Fourth Amendment?
Manitoba, Canada
The following excerpt is from Young v. Ewatski et al., 2012 MBCA 64 (CanLII):
53 This led him to conclude as follows (at p. 161): …. … [I]n Katz, [Katz v. United States, 389 U.S. 347 (1967)] Stewart J. concluded that a warrantless search was prima facie “unreasonable” under the Fourth Amendment. …. … I would in the present instance respectfully adopt Stewart J.’s formulation as equally applicable to the concept of “unreasonableness” under s. 8, and would require the party seeking to justify a warrantless search to rebut this presumption of unreasonableness.
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