What is the test for obtaining prior approval for a search and seizure?
Ontario, Canada
The following excerpt is from R. v. Lindsay, 2015 ONSC 1369 (CanLII):
Prior authorization, where it is feasible to obtain, is a pre-condition for a valid search and seizure. Reasonable and probable grounds, established upon oath, to believe that an offence has been committed or is being committed and that there is evidence to be found at the place of the search, constitutes the minimum standard (consistent with s. 8 of the Charter) for authorizing a search and seizure: see Hunter v. Southam Inc., supra, at p. 115.
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