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R. v. Edwards, [1996] 1 S.C.R. 128


E was suspect of drug dealing. Thought he was keeping drugs at home of gf. Police arrested him on traffic offence. Officer said half-truths to gf. She let them into apt. Showed then to the drugs. Identified him at police station


Does a person have a reasonable expectation of privacy in their partner’s home?


An expectation of privacy is to be determined on a basis of the totality of circumstances, and if a person satisfies the test they are said to have an expectation of privacy.


R. v. Plant [1993] that is not necessary for an accused to establish a possessory interest in the goods seized before seeking to enforce rights under s.8.

Some factors to be considered in assessing the Totality of the Circumstances (test) may include: (page 160) – Indicate expectation of privacy:
a. Presence at the time of the search.
b. Possession or control of the property or place searched
c. Ownership of the property or place
d. Historical use of the property of item
**i. How the property is used historically, ex a bedroom is private place, a open back truck as less privacy
e. The ability to regulate access
f. The existence of subjective expectation of privacy
g. The object reasonableness of the expectation.


Appellant has not demonstrated that he has an expectation of privacy in the gf’s apartment. A person does not have reasonable expectation of privacy in these circumstances

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