¶1dissenting.
¶2The opinion authored by Madame Justice Newman is excellently written — except for the conclusion. In my view, there are more than enough indicia establishing an expectation of privacy. One is not prohibited from having more than one home and need not close or lock doors to establish it as such. Wherever one calls home is sanctuary and is given the requisite protection when occupied. I am put in mind of Lord Chatham’s statement in Parliament which might be applicable to the issue:
The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail — its roof may shake— the wind may blow through it — the storm may enter — the rain may enter — but the King of England cannot enter — all his force dares not cross the threshold of the ruined tenement!