The accused brought a pre‑trial motion seeking exclusion of cocaine and related paraphernalia discovered in a knapsack during the execution of a valid search warrant at a residence where he was merely a "found in" occupant.
The court considered whether the accused had a reasonable expectation of privacy in the knapsack under the framework in R. v. Edwards.
Applying the totality of the circumstances, the court held that the existence of a valid warrant authorizing a search of the premises eliminated any objectively reasonable expectation of privacy in items located within the residence.
Alternatively, the court held that even if a Charter breach had occurred, the evidence would not be excluded under the s. 24(2) analysis in R. v. Grant.
The evidence was admitted and the motion to exclude was dismissed.
