Police require lawful authority to conduct a search. Depending on the circumstances, that authority may come from a search warrant, a lawful arrest, informed consent or another recognized power.
The rules are particularly strict for homes and digital devices because of the significant privacy interests involved. If a search was unlawful or unreasonably broad, the defence may seek exclusion of the evidence under the Charter. The legality of the search cannot be assessed properly until the police grounds and any warrant materials have been reviewed.