CONSTITUTIONAL ISSUES - Legal rights - Protection against unreasonable search and seizure

Law360 Canada ( August 30, 2021, 9:28 AM EDT) -- Appeal by the accused from conviction for possessing child pornography. The appellant’s wife secretly accessed the appellant’s electronic devices and found images she believed to be child pornography. She photographed some of the images she saw and then transferred the photographs onto a USB flash drive and took the flash drive to police. The police examined the contents of the USB flash drive and then used the information the wife provided them, as well as the contents of the USB flash drive, to obtain two search warrants for the appellant’s house, truck and electronic devices. The searches uncovered other child pornography images, and the appellant was charged. The trial judge found that the police’s viewing of the contents of the USB flash drive was an infringement of the appellant’s privacy rights, warrantless and not authorized by law, making it an unreasonable search. When the contents of the USB flash drive were removed from the Informations to Obtain, there was insufficient evidence to support the search warrants, which were accordingly invalid, making the searches unreasonable. The trial judge concluded, however, that the evidence should not be excluded. The appellant argued the trial judge erred in not excluding the evidence.  ...
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