What is the test for determining whether there is a reasonable probability that evidence of criminal activity will be found at a residence?
Ontario, Canada
The following excerpt is from R. v. Sam, 2014 ONCJ 144 (CanLII):
[2] The test I will apply in this determination is set out in Hunter v. Southam [1984] 1 S.C.R. 145: “does the evidence amount to a credibly-based probability rather than a suspicion” that evidence of a criminal offence will be found at the residence in question. The same test was restated later in R. v. Debot (1989) 1989 CanLII 13 (SCC), 52 C.C.C. (3d) 193 (S.C.C.) as: “is there a reasonable probability an offence has been committed”.
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