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''R v Harrison'', (2009 SCC 34 ) is a decision of the Supreme Court of Canada on section 24(2) of the ''Canadian Charter of Rights and Freedoms''. The decision was a companion case of ''R v Grant'', and applied the Supreme Court's new test to determine when evidence obtained from a ''Charter'' breach should be excluded. ==Background== On October 24, 2004, Bradley Harrison was driving an SUV with a friend near Kirkland Lake, Ontario. They were driving from Vancouver to Toronto. Constable Bertoncello of the Ontario Provincial Police observed that the vehicle had no front license plate, an offence if the car is registered in Ontario. Bertoncello activated his emergency lights and pulled the car over. He then realized the vehicle was registered in Alberta and was not required to have a front license plate. He was also informed by radio dispatch that the vehicle had been rented in Vancouver. At that time, Bertoncello has no grounds to believe any offence was being committed. Nonetheless, Bertoncello was suspicious. The vehicle appeared to be "lived-in", which suggested it had been driven directly through from Vancouver. He knew that rental cars were often used by drug couriers. He knew that it was rare for drivers to drive that stretch of the road at exactly the speed limit, which Harrison had been doing. Finally, Harrison and his friend gave contradictory stories when questioned separately. Harrison was not able to provide his driver's license upon request, saying he left it in Vancouver. A computer check by Bertoncello revealed Harrison's license was currently suspended. He then arrested Harrison for driving with a suspended driver's license. Bertoncello then asked Harrison and his friend if there were any drugs in the car. They both replied in the negative. Other police officers arrived, and Bertoncello began to search the car. He testified that he did so "incidental to the arrest" in order to find Harrison's driver's license - even though the license's whereabouts was irrelevant to the charge. Bertoncello started the search in the rear cargo area. He found two cardboard boxes. The other occupant of the vehicle advised that they contained dishes and books for his mother. Bertoncello testified that the look and feel of the boxes suggested they did not contain dishes or books, and asked the occupant if the boxes contained drugs or weapons. The occupant became nervous, said "yeah", then said he did not know. The boxes were opened, and were found to contain cocaine. Ultimately 35 kilograms of cocaine was found in the vehicle, which was estimated to be worth $4 million.〔 〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「R v Harrison」の詳細全文を読む スポンサード リンク
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