Supreme Court Ruling
The accused appealed to the Supreme Court. The following issues were put to the Court:
- whether police breached accused's right to be free from unreasonable search or seizure
- whether accused abandoned his privacy interest in contents of garbage bags when he placed them at edge of his property for collection.
The Court found that the police did not breach the accused's right to be free from unreasonable search and seizure and that the accused has abandoned his privacy interest when he placed his garbage for collection at the rear of his property where it was accessible to any passing member of the public. The accused did everything required to rid himself of the items taken as evidence. His conduct was incompatible with any reasonable expectation of confidentiality. Neither the search of the contents of the accused's garbage nor the subsequent search of his dwelling breached s. 8 of the Charter. Hence, the evidence seized in both searches was admissible at the accused's trial and should not be excluded under section 24(2) of the Charter.
Expectation of privacy standard
Expectation of privacy is a normative standard. Privacy analysis is laden with value judgments which are made from the independent perspective of the reasonable and informed person who is concerned about the long‑term consequences of government action for the protection of privacy.
In assessing the reasonableness of a claimed privacy interest, the Court is to look at the “totality of the circumstances”, and this is so whether the claim involves aspects of personal privacy, territorial privacy, or informational privacy. Frequently the claimant will assert overlapping interests. The assessment always requires close attention to context and first involves an analysis of the nature or subject matter of the evidence in issue.
The reasonableness of an expectation of privacy varies with :
- the nature of the matter sought to be protected,
- the circumstances in which and the place where state intrusion occurs,
- and the purposes of the intrusion.
In this case, the accused's garbage was put out for collection in the customary location for removal at or near his property line and there was no manifestation of a continuing assertion of privacy or control. Territorial privacy is implicated in this case because the police reached across the accused's property line to seize the bags; however, the physical intrusion by the police was relatively peripheral and, viewed in context, is better seen as pertaining to a claim of informational privacy. The accused's concern was with the concealed contents of the garbage bags which, unlike the bags, were clearly not in public view.
Abandonment
Abandonment is a conclusion inferred from the conduct of the individual claiming the s. 8 right that he or she had ceased to have a reasonable expectation of privacy with regard to it at the time it was taken by the police or other state authority. Being an inference from the claimant's own conduct, a finding of abandonment must relate to something done or not done by that individual, and not to anything done or not done by the garbage collectors, the police or anyone else involved in the subsequent collection and treatment of the "bag of information".
The accused abandoned his privacy interest in the information when he placed the garbage bags for collection at the back of his property adjacent to the lot line. He had done everything required of him to commit the bags to the municipal collection system. Since the accused had abandoned his garbage before it was seized by the police, he had no subsisting privacy interest at the time it was seized. The police conduct was objectively reasonable. The accused's lifestyle and biographical information was exposed, but the effective cause of the exposure was the act of abandonment by the accused, not an intrusion by the police into a subsisting privacy interest.
The Fourth Amendment to the United States Constitution is part of the Bill of Rights. It prohibits unreasonable searches and seizures. In addition, it sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized.
Search and seizure is a procedure used in many civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person's property and confiscate any relevant evidence found in connection to the crime.
United States v. Place, 462 U.S. 696 (1983), was a decision by the Supreme Court of the United States in which the Court held, 9–0, that the sniff of one's personal property in a public place by a specially trained police dog was not a "search" under the meaning of the Fourth Amendment. In the case, suspected drug trafficker Raymond Place had his luggage seized at LaGuardia Airport by agents with the Drug Enforcement Administration, which they exposed to a drug-sniffing dog and held onto for several days without a search warrant. Justice Sandra Day O'Connor wrote for the unanimous Court that the sniff of a dog is sui generis, or "uniquely pervasive", and thus police do not need probable cause for their dogs to sniff a person's belongings in a public place. The Court did rule, however, that detaining a person's belongings while waiting for a police dog to arrive did constitute a "seizure" under the Fourth Amendment.
The open-fields doctrine, in the U.S. law of criminal procedure, is the legal doctrine that a "warrantless search of the area outside a property owner's curtilage" does not violate the Fourth Amendment to the United States Constitution. However, "unless there is some other legal basis for the search," such a search "must exclude the home and any adjoining land that is within an enclosure or otherwise protected from public scrutiny."
California v. Greenwood, 486 U.S. 35 (1988), was a case in which the Supreme Court of the United States held that the Fourth Amendment does not prohibit the warrantless search and seizure of garbage left for collection outside the curtilage of a home.
Section 8 of the Canadian Charter of Rights and Freedoms protects against unreasonable search and seizure. This right provides those in Canada with their primary source of constitutionally enforced privacy rights against unreasonable intrusion from the state. Typically, this protects personal information that can be obtained through searching someone in pat-down, entering someone's property or surveillance.
R v Tessling [2004] 3 S.C.R. 432, is a leading Supreme Court of Canada decision where the Court held that the use of thermal imaging by police in the course of an investigation of a suspect's property did not constitute a violation of the accused's right to a reasonable expectation of privacy under section 8 of the Canadian Charter of Rights and Freedoms.
Expectation of privacy is a legal test which is crucial in defining the scope of the applicability of the privacy protections of the Fourth Amendment to the United States Constitution. It is related to, but is not the same as, a right to privacy, a much broader concept which is found in many legal systems. Overall, expectations of privacy can be subjective or objective.
R v Belnavis, [1997] 3 S.C.R. 341, is a leading Supreme Court of Canada decision on the right against unreasonable search and seizure under section 8 of the Canadian Charter of Rights and Freedoms. The Court held that there is no reasonable expectation of privacy in the backseat of a car.
South Dakota v. Opperman, 428 U.S. 364 (1976), elaborated on the community caretaking doctrine. Under the Fourth Amendment, "unreasonable" searches and seizures are forbidden. In addition to their law-enforcement duties, the police must engage in what the court has termed a community caretaking role, including such duties as removing obstructions from roadways to ensure the free flow of traffic. When the police act in this role, they may inventory cars they have seized without "unreasonably" searching those cars.
Ferguson v. City of Charleston, 532 U.S. 67 (2001), is a United States Supreme Court decision that found Medical University of South Carolina's policy regarding involuntary drug testing of pregnant women to violate the Fourth Amendment. The Court held that the search in question was unreasonable.
R v Kang-Brown, [2008] 1 S.C.R. 456, 2008 SCC 18, is a constitutional decision by the Supreme Court of Canada on the limits of police powers for search and seizure. The Court found that police do not have the right to perform a sniffer-dog search of public spaces when such search is not specifically authorized by statute. In this case, a suspect's section 8 rights under the Canadian Charter of Rights and Freedoms ("Charter") were violated when a police officer stopped him at a bus station and sniffer-dog searched his bag finding drugs in his possession.
R v AM, [2008] 1 S.C.R. 569, 2008 SCC 19, is a constitutional decision by the Supreme Court of Canada on the limits of police powers for search and seizure. The Court found that police do not have the right to perform a sniffer-dog search of public spaces when such search is not specifically authorized by statute. In this case, a student's section 8 rights under the Canadian Charter of Rights and Freedoms ("Charter") were violated when a police officer sniffer-dog searched his unattended backpack in the gymnasium of his school finding drugs in his possession.
O'Connor v. Ortega, 480 U.S. 709 (1987), is a United States Supreme Court decision on the Fourth Amendment rights of government employees with regard to administrative searches in the workplace, during investigations by supervisors for violations of employee policy rather than by law enforcement for criminal offenses. It was brought by Magno Ortega, a doctor at a California state hospital after his supervisors found allegedly inculpatory evidence in his office while he was on administrative leave pending an investigation of alleged misconduct. Some of what they uncovered was later used to impeach a witness who testified on his behalf at the hearing where he unsuccessfully appealed his dismissal.
Mancusi v. DeForte, 392 U.S. 364 (1968), is a decision of the United States Supreme Court on privacy and the Fourth Amendment. It originated in the lower courts as United States ex rel. Frank DeForte, appellant v. Vincent R. Mancusi, Warden of Attica Prison, Attica, New York, appellee, a petition for a writ of habeas corpus by a prisoner who had exhausted all his state appeals. By a 6–3 margin the Court affirmed the United States Court of Appeals for the Second Circuit's reversal of a district court denial of the petition.
United States v. Jones, 565 U.S. 400 (2012), was a landmark United States Supreme Court case in which the court held that installing a Global Positioning System (GPS) tracking device on a vehicle and using the device to monitor the vehicle's movements constitutes a search under the Fourth Amendment.
Soldal v. Cook County, 506 U.S. 56 (1992), was a United States Supreme Court case in which the Court held that a seizure of property like that which occurs during an eviction, even absent a search or an arrest, implicates the Fourth Amendment. The Court also held that the Amendment protects property as well as privacy interests, in both criminal as well as civil contexts. Finally, saying that "certain wrongs affect more than a single right", the Court left open the possibility that the Fourteenth Amendment's protections against deprivation of property without due process of law may also be implicated.
The right to be free from unreasonable search and seizure is well-recognised by the international human rights community. Section 21 of the New Zealand Bill of Rights Act 1990 incorporates this right into New Zealand law, stating that: "Everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence or otherwise."
Digital Search and Seizure refers to the ability of the United States Government to obtain and read an individual's private digital correspondence and material under The Fourth Amendment of the United States Constitution.
R v Stairs, 2022 SCC 11 is a constitutional rights decision of the Supreme Court of Canada. The Court established new standards for searches of a person's home after they have been arrested. At issue in the case was whether the traditional common law power of Search Incident to Arrest, which allows police officers to engage in warrantless searches of lawfully arrested persons, was compliant with section 8 of the Charter of Rights and Freedoms as it related to searches of the home.
