The police stopped a car for speeding and, after the driver could not produce documentation, conducted a computer check.
While waiting, the officer questioned the passenger and noticed garbage bags full of new clothing with price tags in the back seat and trunk.
The driver and passenger were charged with possession of stolen property.
The Supreme Court of Canada held that the passenger had no reasonable expectation of privacy in the vehicle or the bags.
Although the search violated the driver's section 8 Charter rights, the evidence was admitted under section 24(2) because the breach was minimal, the evidence was reliable, and its exclusion would bring the administration of justice into disrepute.
