Sean Patrick Mills v. Her Majesty the Queen
(Newfoundland & Labrador) (Criminal) (By Leave)
Constitutional law - Criminal law, Search and seizure (s. 8), Canadian charter (Criminal) - Charter — Criminal law — Search and seizure — Standing to challenge — Whether accused had reasonable expectation of privacy in emails sent to fictitious on-line personae and surreptitiously captured using a screenshot program by recipient undercover police officers — Whether accused has standing to challenge legality of search and seizure.
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Mr. Mills was charged with four counts of internet luring. Undercover police officers created two fictitious on-line identities of 14-year old females. The Crown’s evidence included emails sent to the on-line identities and fragments of emails found on Mr. Mills’ computer that match parts of the emails sent to the on-line identities. Some of the emails include sexual content and some made arrangements with one of the identities to meet at a park. Mr. Mills arrived at the park in circumstances matching the arrangements. Police officers linked some of the emails to Mr. Mill’s social media. The police officers used a screen shot program that captures the video display of personal computers to capture the email communications. Mr. Mills sought to exclude the screen shots and the emails from evidence.
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