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Daniel Freudman
Daniel Freudman, Lawyer
Category: Canada Law
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Can an anonymous open alcohol tip constitute a warrantless

Customer Question

Customer: Can an anonymous open alcohol tip constitute a warrantless vehicle search in general, and after driver has proven sobriety via breath sample?
JA: Thanks. Can you give me any more details about your issue?
Customer: O.P.P. got a tip regarding something to do with alcohol in truck at a restaurant, police then saw described truck, tested drivers breath and then searched the vehicle with absolutely no other probable cause besides tip and found beer cans crumpled up in garbage bag the charged driver with allowing open alcohol in motor vehicle.
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Submitted: 1 year ago.
Category: Canada Law
Expert:  Daniel Freudman replied 1 year ago.

It will depend to an extent whether the tip is compelling, corroborated and credible. However, assuming it was something as basic as "Mr. X has open alcohol in his vehicle", that should not provide lawful grounds for the police to pull over and search X's vehicle with no warrant or consent from X. If it is an unjustified warrantless search, then it would likely be unreasonable and thus in violation of X's Section 8 Charter right to be secure against unreasonable search & seizure, so X may be able to get any evidence found as a result ruled inadmissible at trial, and if such is the case, the crown may drop any charges laid.

Expert:  Daniel Freudman replied 1 year 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 1 year ago.

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

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