R. v. Wiley, [1993] 3 S.C.R. 263 (1993)
Linked as:
Extract
R. v. Wiley, [1993] 3 S.C.R. 263 (1993)
R. v. Wiley, [1993] 3 S.C.R.
263Robert Wallace Wiley Appellant v.Her Majesty The Queen Respondent andDavid Angelo Grant IntervenerIndexed as: R. v. WileyFile No.: 22804.1992: November 5; 1993: September 30.Present: Lamer C.J. and La Forest, Sopinka, Gonthier, Cory, McLachlin and Iacobucci JJ.on appeal from the court of appeal for british columbiaConstitutional law -- Charter of Rights -- Unreasonable search and seizure -- Cultivation of marihuana -- Police conducting perimeter search of accused's property without a warrant -- Whether warrantless perimeter search violated s. 8 of Canadian Charter of Rights and Freedoms -- Narcotic Control Act, R.S.C., 1985, c. N-1, s. 10.Constitutional law -- Charter of Rights -- Admissibility of evidence -- Bringing administration of justice into disrepute -- Police conducting perimeter search of accused's property without a warrant -- Search warrant later obtained partly on basis of information gathered during perimeter search -- Warrantless perimeter search violating accused's right to be secure against unreasonable search and seizure -- Whether search pursuant to warrant reasonable -- Whether evidence should be excluded -- Canadian Charter of Rights and Freedoms, s. 24(2).The police received a tip from an informant indicating that marihuana was being cultivated in a hydroponic grow lab at a certain residence. Two officers went to determine the exact location of the reported residence. They entered onto the property and noted vents on the outside of the house with condensation on them and the smell of fresh marihuana emanating from them. On r...See the full content of this document
Sponsored links
