What is the test for a search warrant?
Manitoba, Canada
The following excerpt is from Ahmed et al. v. McCaskill et al., 2015 MBQB 68 (CanLII):
For a search warrant to be valid, the police must provide, under oath, reasonable and probable grounds to believe that an offence has been committed and evidence is likely to be found at the place to be searched. The decision of Hunter v. Southam Inc., 1984 CanLII 33 (SCC), [1984] 2 S.C.R. 145 (S.C.C.), established that these distinct and cumulative requirements together form the minimum standard consistent with the Charter to authorize search and seizure.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a search of the inside of a person's pocket be expanded to include a search for evidence against him? (Manitoba, Canada)
Can a search warrant be used against an accused who was not in the street at the time of his arrest? (Manitoba, Canada)
What is the test for obtaining a warrant to search a property at a different address? (Manitoba, Canada)
What is the common law power of the police to search a lawfully arrested person? (Manitoba, Canada)
What is the test for a warrantless search? (Manitoba, Canada)
What factors will the court consider in determining whether an award of damages is warranted? (Manitoba, Canada)
How has the Court interpreted the concept of "unreasonable search" under s. 8 of the Fourth Amendment? (Manitoba, Canada)
Can a police officer enter a house and make an arrest without a warrant in a hot pursuit? (Manitoba, Canada)
Does an individual have a right to be secure against unreasonable search or seizure pursuant to the Charter? (Manitoba, Canada)
What is the authority of the police to search for weapons under common law? (Manitoba, Canada)
