Bob Stevens had a semi-automatic firearm. The police found out about it. They obtained a search warrant to search his residence for the firearm. When they attended his house to execute the warrant in a "stealth search" Stevens was observed to throw something in a white sock out his window into a neighbour's yard. The police retrieved the sock and found a firearm inside. Stevens was charged. At trial Stevens was convicted and appealed; the Court of Appeal dismissed his appeal:
2012 ONCA 307.
At trial Stevens sought to exclude the gun by attacking the warrant. Bhabha J declined to consider the validity of the warrant, instead, finding that Stevens had abandoned the firearm. Bhabha J did note, however, that there were deficiencies in the warrant and did - despite finding no expectation of privacy due to abandonment - conduct an analysis under 24(2).
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