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Motions to exclude evidence seized during a search dismissed for lack of standing and lawful seizure.
The respondents, George Schwartz and Victor York, brought motions to terminate the hearing on the merits or exclude materials seized during a search of a premises.
The search warrant was obtained to search for materials relating to Brilliante Brasilcan Resources Corp., but investigators also found and seized materials relating to York Rio Resources Inc. The respondents argued the seizure of York Rio materials was beyond the scope of the warrant and obtained on a pretext.
The Commission dismissed the motions, finding that the respondents lacked standing as they failed to establish a reasonable expectation of privacy in the premises or the seized materials.
Furthermore, the Commission found no evidence of a pretext and held that the seizure was lawful under the plain view doctrine.
The Commission concluded it was in the public interest to admit the evidence and continue the hearing.
