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Appellant was charged with mischief to property. The Crown sought to introduce evidence of his whereabouts obtained through the use of an electronic tracking device (a "beeper") installed in his car. The police had had appellant under surveillance for some time since they suspected him of involvement in a recent murder believed to be linked to a series of similar killings. On July 14, 1987, they had obtained a warrant to search his home and vehicle, but had found nothing to link him to any of the homicides. The police had towed the car to the police station to carry out the search. While it was there, but after the warrant had expired, they installed the beeper. On August 15, the day of the alleged offence, the police had been able to trace the location of appellant's car using the beeper and established surveillance on a vehicle resembling his parked in a driveway. About two hours later, the police heard a loud crashing sound, caused by the felling of a communications tower. Soon after, they observed another vehicle, which was in fact appellant's, pull out of a laneway in a nearby field. On August 26 the police obtained a warrant to search appellant's vehicle. When the car was vacuumed, melted pieces of metal, consistent with the metal guy wires of the communications tower, were found. The constant electronic surveillance was maintained until mid-November, when appellant was arrested on the mischief charge. The trial judge excluded all evidence obtained through the use of the beeper, on the ground that it had been obtained in violation of appellant's right to be secure against unreasonable search and seizure under s. 8 of the Canadian Charter of Rights and Freedoms. He acquitted appellant. The Court of Appeal set aside the acquittal and ordered a new trial.
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