What is the test for a search warrant for the seizure of an unauthorised search of a vehicle by a police officer?
Ontario, Canada
The following excerpt is from R. v. Balatoni, 2003 CanLII 13174 (ON SC):
As the search of the vehicle was without warrant, it is prima facie unreasonable and the Crown bears the burden of establishing that there was lawful authority for the search: Hunter v. Southam Inc., supra.
"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
Is a police disciplinary record that is not in the control of the police force required to be disclosed by the police officer to the police community? (Ontario, Canada)
What is the test for obtaining a search warrant to search a legal aid office? (Ontario, Canada)
What is the test for a search warrant to be used in search warrants? (Ontario, Canada)
How have courts struck down allegations of breach of fiduciary duty in pleadings against police officers and vicariously the police services board and police chief? (Ontario, Canada)
What is the test for a search warrantless search of a home by police responding to an emergency call? (Ontario, Canada)
In what circumstances will a police officer stop and search a car and find a handgun in the back seat? (Ontario, Canada)
What is the test for a search and seizure warrant? (Ontario, Canada)
What is prejudice against a police officer who has been denied promotion because of the delay in getting notice of application to the Police Complaints Board? (Ontario, Canada)
Can a police officer make a warrantless search of a bedroom in an emergency situation? (Ontario, Canada)
Can a police officer be found guilty of obstruction under the Criminal Code for failing to yield to the officer's command to desist from further infringement of the municipal by-law? (Ontario, Canada)
