Does a subsequent declaration of invalid warrant result in the exclusion of evidence obtained as a result of the execution of a search warrant?
British Columbia, Canada
The following excerpt is from R. v. Q.M.P. Fisheries Ltd., 2001 BCPC 210 (CanLII):
The search of a residence by virtue of a subsequently declared invalid warrant will not automatically result in the exclusion of evidence obtained as a result of the execution of a search warrant. Whether to exclude the evidence obtained during the search requires an analysis as indicated in the cases of Regina v. Collins 1997 CanLII 384 (SCC), [1997] 1 S.C.R. 607, as considered in Regina v. Stillman [1997] 1 S.C.R. 607.
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