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R. v. Tessling

FIDS Analysis Report By: Jeremy Bieman. R. v. Tessling. Background Information. Facts:. RCMP began investigating Walter Tessling February 1999 Police checked Hydro usage to see if unusual amounts were being used, results were negative.

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R. v. Tessling

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  1. FIDS Analysis Report By: Jeremy Bieman R. v. Tessling

  2. Background Information

  3. Facts: • RCMP began investigating Walter Tessling February 1999 • Police checked Hydro usage to see if unusual amounts were being used, results were negative • Apr 29, 1999 RCMP used a FLIR Scan to determine if a “grow op” was in place • RCMP obtained a warrant and searched the house finding guns, scales, bags and $15,000-$20,000 worth of marijuana Defn. FLIR: Forward Looking Infar-Red

  4. W. Tessling was charged with trafficking of drugs and possession of weapons.

  5. Were Rights Violated? • Were Tessling’s rights violated with the FLIR scan? • Section 8: Everyone has the right to be secure against unreasonable search or seizure.

  6. Supreme Court of Canada • Decision: The rights were not violated by the FLIR scan. Reason: It was not a violation of the rights under Section 8 with reasonable expectation of privacy. VOTE: UNANIMOUS

  7. Implications? What is to be expected in the future? What constitutes “reasonable expectation of privacy”?

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