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R v Patrick
''R v Patrick'', , is a constitutional decision by the Supreme Court of Canada on the limits of police powers for search and seizure. The Court found that police have the right to take garbage bags placed for collection at edge of a property without warrant. In this case, the accused abandoned his privacy interest when he placed his garbage for collection at the rear of his property where it was accessible to any passing member of the public. His section 8 rights under the Canadian Charter of Rights and Freedoms were not violated when a police officer seized bags of garbage at the rear of his property and used the contents of seized bags as evidence of criminal activity.
==Background==
The police suspected that the accused, Russell Stephen Patrick, was operating an ecstasy lab in his home. On several occasions in December 2003, they seized bags of garbage that the accused had placed for collection at the rear of his property adjacent to a public alleyway. The police did not have to step onto the accused’s property to retrieve the bags but they did have to reach through the airspace over his property line. The police used evidence of criminal activity taken from the contents of the accused’s garbage to obtain a warrant to search the accused’s house and garage. More evidence was seized during the search.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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