E116| Did apartment search warrant authorize entry through building's common areas to execute it?
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In this episode, Mike discusses the BC Supreme Court decision R. v. Dodd, 2025 BCSC 591 where police executed a search warrant at an apartment located in a 50 unit building. The warrant did not expressly authorize the police to move through the common areas inside the building to get to the door of the apartment, nor was permission sought from building management or another resident to enter. Did the police conduct amount to an unlawful search — thereby breaching the accused’s s. 8 Charter right — when they walked through the lobby, stairwell and hallway to arrive at the target suite’s door to execute the warrant? What the judge ruled might shock you!
s. 24(2) ruling (2025 BCSC 592)
Other cases mentioned: R. v. White, 2015 ONCA 508; R. v. Webster, 2015 BCCA 286; R. v. Unrau, 2025 ABCA 239; R. v. Evans, [1996] 1 SCR 8.
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