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Daniel Freudman
Daniel Freudman, Lawyer
Category: Canada Law
Satisfied Customers: 1257
Experience:  Lawyer
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I am a restaurant manager, the police had a search warrant

Customer Question

Hi, i am a restaurant manager, the police had a search warrant to search my entire restaurant, included anyone's locker, belongings. all computers, everyone's cameras and media storages have been seized.
The search warrant was to take photographs of the crimes scene and to seize cameras or media storage devices, peripherals and any digital storage medium.
The reasonable grounds support the search warrant that was one of the employree had sex with an underage girl and took nude pictures of her at the back office of the rerstaurant.
my question are:
1. was this search warrant unconstitutionally overbroad?
2. Due to this search warrant gave the police the power to search anything anyone and seize everyone's items on the search list, because one of the employree was sucpect. does the workers and the business have a reasonable expectaion of privacy?
Submitted: 12 months ago.
Category: Canada Law
Expert:  Daniel Freudman replied 12 months ago.

Unless there is some sort of evidence supporting a reasonable basis for believing that the nude photos are actually IN the restaurant, I cannot see how'd they'd have grounds to search the restaurant at all since there must be a likelihood that the place to be searched will afford evidence of the offence. For this and related reasons, it does seem the warrant is overly broad- similarly, unless there's some evidence that these photos are on the computer then I don't see how they could justify the warrant allowing to search that. The employees likely have a reasonable expectation of privacy in their lockers, but not a substantial one, especially if the business owner is allowed to open and search through it as they please and there are no locks.

Expert:  Daniel Freudman replied 11 months ago.

Hopefully my answer was of assistance. Would you kindly provide me with a positive rating so I can receive payment for my services. Thank you.

Expert:  Daniel Freudman replied 11 months ago.

Sorry to bother you, but would you kindly provide me with a positive rating so I can receive payment for my services. Thank you

Customer: replied 11 months ago.
Hi, i am a restaurant manager, the police had a search warrant to search my entire restaurant, included anyone's locker, belongings. all computers, everyone's cameras and media storages have been seized.The search warrant was to take photographs of the crimes scene and to seize cameras or media storage devices, peripherals and any digital storage medium.The reasonable grounds support the search warrant that was: one of the employee had sex with an underage girl and took nude pictures of her at the back office of the restaurant.
The reasonable grounds to make the police to believe the nude pictures can be obtained at the restaurant that was only because this employee had a family, the restaurant was the only place he can storage those pictures.All the evidence showed that wasn't any other employees involved in this case.when executed the search, the police cut off anyone's lockers, search anyone's belonging and seized all items (including these items that belong to other employees and the business owner )list on the search warrant. even so i agree that the warrant was properly executed because the search warrant allowed them tomy question is: was this search warrant unconstitutionally overbroad?
Expert:  Daniel Freudman replied 11 months ago.

As I said in my earlier answer, unless there is some sort of evidence supporting a reasonable basis for believing that the nude photos are actually IN the restaurant, I cannot see how'd they'd have grounds to search the restaurant at all since there must be a likelihood that the place to be searched will afford evidence of the offence. For this and related reasons, it does seem the warrant is overly broad- similarly, unless there's some evidence that these photos are on the computer then I don't see how they could justify the warrant allowing to search that. The employees likely have a reasonable expectation of privacy in their lockers, but not a substantial one, especially if the business owner is allowed to open and search through it as they please and there are no locks.

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