Background
Three young women stopped speeding. The police officer noticed bags in back which was found to contain new clothes with price tags still on them. More was found in the trunk. Two of the girls gave differing stories as to who owned to bag. They were all charged with possession of stolen property.
At trial, it was held that the search was unreasonable and violated section 8 of the Charter. The evidence was excluded under section 24(2) and the girls were acquitted. On appeal the acquittal was quashed and a new trial was ordered.
The question before the Supreme Court was whether the officer violated a reasonable expectation of privacy under section 8 by searching the back seat, and if so, whether the evidence should be excluded under section 24(2).
Read more about this topic: R. V. Belnavis
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