R. v. Veranski and Bellotti

R. v. Veranski and Bellotti

Applying the Edwards seven-factor contextual test to the totality of evidence (access code, unit key, multiple independent accesses recorded and videoed, payment of rent, storage and locking of belongings, and reasonable inference of ownership/use), the court found Veranski had a subjective and objectively reasonable expectation of privacy in Storage Locker Unit #56 and therefore granted him standing to challenge the May 26, 2007 search.

Citation
2012 BCSC 221
Parties
Crown: Regina; Accused: Stoitchko Veranski; Accused: Paolo Bellotti
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
14 February 2012
Procedural Posture
Criminal / Charter Voir Dire Standing to Challenge Search Warrant
Outcome
Standing granted to the accused Stoitchko Veranski to challenge the May 26, 2007 search of Storage Locker Unit #56 at Signature Self Storage.
Legal Topics
Charter S.8 Unreasonable Search and Seizure, Standing to Challenge Warrant, Expectation of Privacy in Storage Lockers, Edwards Test Factors
Source Language
English
Criminal Law Constitutional Law Search and Seizure Charter S.8 Unreasonable Search and Seizure Standing to Challenge Warrant Expectation of Privacy in Storage Lockers Edwards Test Factors

Case Brief

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Parties

Regina

Crown

Stoitchko Veranski

Accused

Paolo Bellotti

Accused

Procedural Posture

Criminal / Charter Voir Dire Standing to Challenge Search Warrant

Legal Issues

  1. 1 Whether the accused Stoitchko Veranski has standing to challenge the May 26, 2007 search of Storage Locker Unit #56 under s.8 of the Charter
  2. 2 Whether Veranski had a reasonable expectation of privacy in the storage locker (subjective and objectively reasonable)

Ratio Decidendi

Applying the Edwards seven-factor contextual test to the totality of evidence (access code, unit key, multiple independent accesses recorded and videoed, payment of rent, storage and locking of belongings, and reasonable inference of ownership/use), the court found Veranski had a subjective and objectively reasonable expectation of privacy in Storage Locker Unit #56 and therefore granted him standing to challenge the May 26, 2007 search.

Court Disposition

Standing granted to the accused Stoitchko Veranski to challenge the May 26, 2007 search of Storage Locker Unit #56 at Signature Self Storage.

Orders

  • Accused Stoitchko Veranski is granted standing to challenge the validity of the May 26, 2007 search warrant and resulting search of Storage Locker Unit #56.