How has the Court considered the effect of the search conducted by the police during the search?
British Columbia, Canada
The following excerpt is from R. v. M.L.M., 2005 BCSC 385 (CanLII):
In R. v. Edwards[1], Cory J. addresses that issue at para. 33, where he says: It is important to emphasize that generally, the decision as to whether an accused had a reasonable expectation of privacy must be made without reference to the conduct of the police during the impugned search. There are two distinct questions which must be answered in any s. 8 challenge. The first is whether the accused had a reasonable expectation of privacy. The second is whether the search was an unreasonable intrusion on that right to privacy. See Rawlings v. Kentucky, 448 U.S. 98 (1980). Usually, the conduct of the police will only be relevant when consideration is given to this second stage.
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