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The Supreme Court held that police could approach a driveway and knock on a truck window under the implied licence, but opening the door was a s. 8 search.
Given the trial judge’s accepted credibility and factual findings, the Court held that either the police acted within the implied licence or, assuming a technical trespass, the appellant lacked a reasonable territorial privacy interest as a transient guest; the psychological detention occurred when the officer asked about the bag and was supported by reasonable suspicion the appellant was armed; any Charter breach was minor and the s.24(2) balancing supports admission of the gun, drugs and cash; appeal dismissed and convictions upheld.
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