What is the test for obtaining a warrant to search a property at a different address?
Manitoba, Canada
The following excerpt is from R. v. Lowe (M.R.), 1994 CanLII 16911 (MB QB):
On this issue I prefer the reasoning of McEachern, C.J.S.C., in Sieger and Avery v. Barker et al. (1982), 27 C.R.(3d) 91 (B.C.S.C.). The warrant in itself is not defective on the basis of the address it au thorizes to search but it does not permit the search of another address. If another address is searched, that is a warrantless search. Whether the evidence seized in such a warrantless search is to be allowed at trial is a decision for the trial judge to make. That, however, is not a ground on which to quash the warrant.
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