What is the test for reasonable grounds for a search?
Newfoundland and Labrador, Canada
The following excerpt is from R. v. Whalen, 2015 NLCA 7 (CanLII):
Dickson J. in Hunter v. Southam Inc., 1984 CanLII 33 (SCC), [1984] 2 S.C.R. 145, at p. 167, related the concept of probability to the concept of reasonable grounds. He described the “reasonable grounds to believe” requirement as reaching “the point where credibly-based probability replaces suspicion”. This case confirmed that the grounds for a search must go beyond subjective belief and mere suspicion.
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