R. v. Jones, 2011 ONCA 632 (CanLII)
[56] The "plain view" doctrine operates when a police or peace officer is in the process of executing a warrant or an otherwise lawfully authorized search with respect to one crime and evidence of another crime falls into plain view. Resort to this common law power is subject to the following restraints, however:
(i) The officer must be lawfully in the place where the search is being conducted ("lawfully positioned", in the language of the authorities); [page258] (ii) the nature of the evidence must be immediately apparent as constituting a criminal offence; (iii) the evidence must have been discovered inadvertently; (iv) the plain view doctrine confers a seizure power not a search power; it is limited to those items that are visible and does not permit an exploratory search to find other evidence of other crimes. See, generally, R. v. Spindloe, 2001 SKCA 58 (CanLII), [2001] S.J. No. 266, 154 C.C.C. (3d) 8 (C.A.), at pp. 29-37 C.C.C.; R. v. F. (L.), 2002 CanLII 45004 (ON CA), [2002] O.J. No. 2604, 166 C.C.C. (3d) 97 (C.A.), at paras. 28-34; Law, supra, at para. 27, and the authorities cited therein.
(i) The officer must be lawfully in the place where the search is being conducted ("lawfully positioned", in the language of the authorities); [page258] (ii) the nature of the evidence must be immediately apparent as constituting a criminal offence; (iii) the evidence must have been discovered inadvertently; (iv) the plain view doctrine confers a seizure power not a search power; it is limited to those items that are visible and does not permit an exploratory search to find other evidence of other crimes. See, generally, R. v. Spindloe, 2001 SKCA 58 (CanLII), [2001] S.J. No. 266, 154 C.C.C. (3d) 8 (C.A.), at pp. 29-37 C.C.C.; R. v. F. (L.), 2002 CanLII 45004 (ON CA), [2002] O.J. No. 2604, 166 C.C.C. (3d) 97 (C.A.), at paras. 28-34; Law, supra, at para. 27, and the authorities cited therein.
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