Supreme Court gives police greater license to snoop around your home


So why did the majority extend the implied licence beyond what would strike most of us as reasonable? One possibility is that these judges worried about the optics of making it more difficult for police to do their jobs at a time when crime is top of mind for many Canadians, especially in a case involving impaired driving. RCMP officers had received a call about a possible drunk driver in Big Island Cree Nation, Sask. The only evidence they had was a report that Wayne Singer had been seen speeding and a description of his truck. The officers saw a truck matching the description of the speeding driver in a driveway, and entered the property without a warrant or reasonable grounds. Then, they got lucky. A man, who turned out to be Singer, was snoozing in the truck. One of the officers opened the door. At that point, they could smell alcohol and formed grounds to demand a breath sample. The majority found that opening the truck door was an illegal, warrantless search, but that entering the property was covered by the implied license. Had they first confirmed this was Singer’s house and had evidence he had been drinking or swerving, perhaps they could have gotten a warrant.



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