R. v Kokesch (1990) - Can Police Snoop When They Don't Have Enough For a Warrant?
Автор: CanadaCaseLaw
Загружено: 2026-01-17
Просмотров: 7
Описание:
R. v Kokesch (1990) is a Supreme Court of Canada decision that clarified the limits of warrantless police searches and reinforced protections against unreasonable search and seizure under section 8 of the Charter. In this case, police suspected Craig Kokesch of growing and trafficking marijuana and conducted a warrantless perimeter search of his property to look for evidence. They then used information from that search to get a warrant and search the house itself.
The Supreme Court held that the initial perimeter search was unlawful because police had no reasonable grounds to search without a warrant and no statutory authority to trespass on private property simply based on suspicion. Evidence obtained from the subsequent warrant-based search was also tainted because it was founded on illegally obtained information.
R. v Kokesch remains an important case on Charter section 8, emphasizing that police generally must obtain a warrant before searching private property and cannot use unauthorized searches to bootstrap their way to lawful evidence.
Source: https://www.canlii.org/en/ca/scc/doc/...
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