Quote:
Originally Posted by mykalberta
So what is the deal, do Border agents need search warrants to search vehicles or not. Seems pretty simple.
Either Customs is correct or this Judge in BC. From what the original poster indicated it would seem Customs is correct because of previous Supreme Court rulings and the Judge should quit being activist and start using the law.
MYK
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No they don't need search warrants to go through your vehicle. Jolinar of Malkishor can fill you in on the details.
Part of the reason for not requiring search warrants is because of the exigency of the circumstances. The timing and situtaion is such that getting a warrant would be impractical. Where this case is a bit different, though, is that the CBSA agents made up their mind that they were going to seize the vehicle and slowly take it apart anyway. The exigency no longer existed. Ergo, warrant may be required.
There were also violations of the accused's rights that occurred, again in part, because the exigency no longer existed.
As I said earlier, the officers (and probably CBSA in general) deserves to get smacked in the nose with a rolled up newspaper for stuff like this. In the end, however, I think the decision will be overturned on appeal and the evidence found to be admissible under 24(2). Guy makes a deal and we never hear about this again.