Is an unidentified police informer acting as an agent of the police when she entered the premises of two accused?
British Columbia, Canada
The following excerpt is from R. v. Kinnee, 1993 CanLII 995 (BC CA):
2 The issue raised by this appeal is whether the trial judge erred in concluding that an unidentified police informer was acting as an agent of the police when he or she entered the premises of the two accused and made the observations which were subsequently used to obtain a warrant to search those premises, and that the informer's actions thus amounted to an illegal "perimeter search" of the sort which was held to vitiate the search warrant and to result in the exclusion of the evidence seized in Regina v. Kokesch, 1990 CanLII 55 (SCC), [1990] 3 S.C.R. 3.
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