R. v. Scott

R. v. Scott

None of the three grounds were expunged because each provided sufficient particularity or corroboration and were current; taken together they provided reasonable grounds such that the Justice of the Peace could have issued the search warrant under s.487, therefore the application to quash the warrant was dismissed.

Citation
2000 BCSC 361
Parties
Crown: Regina; Accused: David Murray Scott
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
2 March 2000
Procedural Posture
Criminal Search Warrant Challenge / Evidentiary Application/pre Trial Review
Outcome
Application dismissed; search warrant upheld.
Legal Topics
Search Warrant, Informant Reliability, Corroboration, Smell Evidence, Section 487 Criminal Code
Source Language
English
Criminal Law Evidence Search Warrant Informant Reliability Corroboration Smell Evidence Section 487 Criminal Code

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Parties

Regina

Crown

David Murray Scott

Accused

Procedural Posture

Criminal Search Warrant Challenge / Evidentiary Application/pre Trial Review

Legal Issues

  1. 1 Whether any grounds in the information should be expunged for unreliability
  2. 2 Whether the remaining grounds provided reasonable grounds to issue a search warrant under s.487
  3. 3 Whether smell evidence and informant statements were sufficiently corroborated and current

Ratio Decidendi

None of the three grounds were expunged because each provided sufficient particularity or corroboration and were current; taken together they provided reasonable grounds such that the Justice of the Peace could have issued the search warrant under s.487, therefore the application to quash the warrant was dismissed.

Court Disposition

Application dismissed; search warrant upheld.

Orders

  • Application to quash the search warrant is dismissed.