R. v. Scheck

R. v. Scheck

The accused did not have a reasonable expectation of privacy in the spare bedroom she occupied temporarily in her grandmother's home; the grandmother had authority to consent to search and did so voluntarily and informedly; therefore there was no s.8 breach; alternatively, if a breach existed it was trivial and the non-conscriptive evidence should not be excluded under s.24(2).

Citation
2002 BCSC 1046
Parties
Crown: Regina; Accused: Jennifer Ashley Scheck; Homeowner/witness: Anna Deak
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
11 July 2002
Procedural Posture
Criminal / Pre Trial Voir Dire
Outcome
Voir dire ruling: no s.8 Charter breach found; evidence admissible
Legal Topics
Section 8 Charter, Section 24(2) Charter, Consent to Search, Warrantless Search, Reasonable Expectation of Privacy
Source Language
English
Criminal Law Constitutional Law Evidence Law Search and Seizure Law Section 8 Charter Section 24(2) Charter Consent to Search Warrantless Search +1 more

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Parties

Regina

Crown

Jennifer Ashley Scheck

Accused

Anna Deak

Homeowner/witness

Procedural Posture

Criminal / Pre Trial Voir Dire

Legal Issues

  1. 1 Did the accused have a reasonable expectation of privacy in the bedroom searched?
  2. 2 Was the warrantless search reasonable or was it validly authorized by the homeowner's consent?
  3. 3 If there was a Charter breach, should the seized evidence be excluded under s.24(2)?

Ratio Decidendi

The accused did not have a reasonable expectation of privacy in the spare bedroom she occupied temporarily in her grandmother's home; the grandmother had authority to consent to search and did so voluntarily and informedly; therefore there was no s.8 breach; alternatively, if a breach existed it was trivial and the non-conscriptive evidence should not be excluded under s.24(2).

Court Disposition

Voir dire ruling: no s.8 Charter breach found; evidence admissible

Orders

  • Admit into evidence the items seized from the bedroom (cocaine and money)
  • Matter to proceed to trial on the charge of possession for the purpose of trafficking