Thursday, March 28, 2024
ADVT 
National

Police Had No Right To Seize Hidden Bedside Camera From Airbnb Condo, Judge Says

The Canadian Press, 06 Feb, 2020 09:38 PM
  • Police Had No Right To Seize Hidden Bedside Camera From Airbnb Condo, Judge Says

TORONTO - A police officer had no right to enter a condo rented to an Airbnb guest who found a video camera hidden in a clock pointed at the bed, an Ontario judge has ruled.

 

The decision effectively ended the voyeurism prosecution of the Toronto condo owner, Michael Chow. He had argued police had breached his rights by going into the apartment and seizing the camera without a warrant, even though the aggrieved guest had invited an officer in.

 

"The police not only breached Mr. Chow's rights by entering and searching the apartment without a warrant, but they continued to breach his rights by seizing his property and searching it," Ontario court judge Joseph Bovard said in the decision. "Admitting evidence that was obtained in such a manner would bring the administration of justice into disrepute."

 

The case arose in September 2018 when Robert Wallenberg, in town for the Toronto International Film Festival, rented the downtown Airbnb apartment from Chow for 10 days. After discovering the hidden camera, Wallenberg contacted Airbnb, which advised him to go to a hotel and call police.

 

Court records show Wallenberg let the officer, identified as Const. Lewis, into the apartment and showed him the clock-camera. On advice of a detective, Lewis seized the gadget and placed it in a property locker at the police station. Another officer later inspected the camera briefly, then applied for a warrant to search the device.

 

After finding stored video of people engaged in various activities in the bedroom, including one man masturbating on the bed and others, including Chow, in various states of undress, police charged the owner with voyeurism.

 

At trial, Chow argued for exclusion of the video evidence on the basis that police violated his rights with the warrantless search and seizure.

 

Lewis testified he made no attempt to contact Chow before entering the condo. He said he believed he was justified in going in at Wallenberg's invitation because the Airbnb guest had the key and temporary ownership of the unit. He said he seized the device on the advice of the detective to preserve potential evidence.

 

In his analysis, Bovard said a key issue in deciding whether police had breached Chow's charter right against unreasonable search and seizure was whether the owner had a reasonable expectation of privacy in the condo unit. Bovard concluded Chow did, given evidence that he was the sole owner of the apartment, it was filled with his possessions, and he used it himself at times.

 

"In these circumstances, Mr. Chow had a subjective expectation of privacy in the apartment," Bovard concluded. "Mr. Chow had a reasonable expectation of privacy in the clock-camera and in the contents of the SD memory card."

 

The judge also rejected prosecution arguments that by renting out his condo to Wallenberg, Chow had undermined his own privacy expectations.

 

"Whatever rights Mr. Wallenberg had over the apartment, he could not waive Mr. Chow's privacy rights in the apartment and its contents," Bovard said.

 

The judge also concluded the officer's suspicion of possible criminal activity did not give him the right to seize the clock-camera or allow police to inspect it without a warrant. Bovard said he realized that excluding the evidence would gut the prosecution's case, but said he had to do so anyway given the cumulative charter violations.

 

MORE National ARTICLES

Top Ontario Health Official Says Coronavirus Surveillance Is Widening

TORONTO - Monitoring for the novel coronavirus in Canada will now shift into a new phase, focusing on people returning from areas of China that haven't been quarantined, top provincial and federal medical officials said Thursday.    

Top Ontario Health Official Says Coronavirus Surveillance Is Widening

Slow Down Ordered After Second Train Carrying Oil Derails Near Saskatchewan Town

Slow Down Ordered After Second Train Carrying Oil Derails Near Saskatchewan Town
GUERNSEY, Sask. - The federal government ordered lower speed limits for all trains carrying large amounts of dangerous goods Thursday, hours after a fiery derailment in rural Saskatchewan sent thick black smoke into the air.    

Slow Down Ordered After Second Train Carrying Oil Derails Near Saskatchewan Town

Experts Urge Trudeau To Use African Trip To Reset Relationship

OTTAWA - Prime Minister Justin Trudeau is on his way to Africa tonight where he will become the first Canadian prime minister to participate in a session of the African Union.    

Experts Urge Trudeau To Use African Trip To Reset Relationship

B.C. RCMP Exclusion Zone Set At Coastal Gaslink Site, Protesters Report Arrests

SMITHERS, B.C. - Opponents of a natural gas pipeline being built across northwestern British Columbia say RCMP have begun enforcing an injunction that prevents interference with construction.    

B.C. RCMP Exclusion Zone Set At Coastal Gaslink Site, Protesters Report Arrests

Chinese Envoy Lauds Virus Co-Operation With Canada, Amid Chill In Relationship

Chinese Envoy Lauds Virus Co-Operation With Canada, Amid Chill In Relationship
Ambassador Cong Peiwu tells The Canadian Press that anything Canada can do in the next few weeks will be appreciated, as the two countries try to address their problems and get their relationship back on track.    

Chinese Envoy Lauds Virus Co-Operation With Canada, Amid Chill In Relationship

Charter Plane Carrying Canadian Citizens Takes Off From Wuhan For Canada

Charter Plane Carrying Canadian Citizens Takes Off From Wuhan For Canada
OTTAWA - A charter plane carrying Canadian citizens home from the centre of the global novel coronavirus outbreak has begun its journey home.    

Charter Plane Carrying Canadian Citizens Takes Off From Wuhan For Canada

PrevNext