E36| Right to be, right to see. Lawful presence, probable cause & plain view.

Legal Issues In Policing · May 25, 2023 · 45m

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In this episode, Mike discusses the Supreme Court of Canada decision R. v. McGregor, 2023 SCC 4 where investigators searched a computer with a warrant for one purpose and discovered evidence related to entirely different crimes. Did the common law plain view doctrine apply in the digital world? Mike takes a deep dive into the requirements of this warrantless seizure power, and also briefly discusses the military justice system and data searches generally. You might also want to check out s. 489 of the Criminal Code.

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