R. v. Perkins

R. v. Perkins

Considering the partially unredacted Garofoli material identifying Source E's linkage of a booking photo and description to the accused, together with surveillance, tracker data and other ITO material, the judge found there were reasonable grounds both that the accused was involved in drug trafficking and that viewing/examining Locker #1108 would likely produce evidence; therefore the application to strike the general warrant failed.

Citation
2018 BCSC 310
Parties
Crown: Regina; Accused/applicant: Corey Jim Perkins
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 February 2018
Procedural Posture
Criminal / Voir Dire (application to Strike General Warrant)
Outcome
Application to strike the general warrant dismissed.
Legal Topics
General Warrant (s.487.01 Criminal Code), Garofoli Step 6 Procedure, Reasonable Grounds for Search, Production Orders, Informant Reliability, Storage Locker Searches
Source Language
English
Criminal Law Search and Seizure Evidence Law Informant Privilege General Warrant (s.487.01 Criminal Code) Garofoli Step 6 Procedure Reasonable Grounds for Search Production Orders +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Regina

Crown

Corey Jim Perkins

Accused/applicant

Procedural Posture

Criminal / Voir Dire (application to Strike General Warrant)

Legal Issues

  1. 1 Whether the general warrant for Storage Locker #1108 met the statutory preconditions under s.487.01 Criminal Code
  2. 2 Whether there were reasonable grounds to believe the accused committed a drug offence
  3. 3 Whether there were reasonable grounds to believe the investigative technique (access/examine locker) would yield evidence of the offence

Ratio Decidendi

Considering the partially unredacted Garofoli material identifying Source E's linkage of a booking photo and description to the accused, together with surveillance, tracker data and other ITO material, the judge found there were reasonable grounds both that the accused was involved in drug trafficking and that viewing/examining Locker #1108 would likely produce evidence; therefore the application to strike the general warrant failed.

Court Disposition

Application to strike the general warrant dismissed.

Orders

  • Application to strike down general warrant for Storage Locker #1108 dismissed; general warrant sustained