E147| Listener Question: Mixed motive searches — permitted or prohibited?

Legal Issues In Policing · Aug 20, 2026 · 31m

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In this episode, Mike responds to a listener's question about whether a search would still be lawful if an officer had multiple, simultaneous reasons for searching, and the court found some — but not all of the reasons — were objectively unreasonable? Would having an invalid reason in mind when searching nullify a coexistent valid reason for a search?

References:

R. v. Spice, 2026 SKPC 14

R. v. Annett, 17 C.C.C. (3d) 332 (Ont. C.A.) leave to appeal refused, [1985] 1 S.C.R. v.

R. v. Dreyer, 2008 BCCA 89

R. v. Nolet, 2010 SCC 24

R…