R. v. Snider

R. v. Snider

Viewed in the totality of the circumstances — including credible evidence that Fred used a Straume Avenue stash house, surveillance showing Dakota stopped at 4826 Walsh Avenue shortly after the person named 'Jason' returned, wiretap content, Informant C's identification of Jason Snider and corroboration by other sources, and the subsequent discovery of cocaine — a judicial justice of the peace could reasonably conclude that a credibly‑based probability existed that cocaine would be found at the accused's residence; therefore the ITO was sufficient and the warrants validly issued.

Citation
2012 BCSC 1906
Parties
Crown: Regina; Accused: Jason Edwin Snider
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
12 December 2012
Procedural Posture
Criminal: Possession for Purpose of Trafficking / Voir Dire (warrant Validity)
Outcome
Application dismissed; search warrants upheld as validly issued.
Legal Topics
Search Warrant, Information to Obtain (ito), Confidential Informant Reliability, Reasonable and Probable Grounds, Totality of the Circumstances, Wiretap Corroboration
Source Language
English
Criminal Law Search and Seizure Evidence Controlled Substances Law Search Warrant Information to Obtain (ito) Confidential Informant Reliability Reasonable and Probable Grounds +2 more

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Parties

Regina

Crown

Jason Edwin Snider

Accused

Procedural Posture

Criminal: Possession for Purpose of Trafficking / Voir Dire (warrant Validity)

Legal Issues

  1. 1 Whether the Information to Obtain provided reasonable and probable grounds to issue search warrants for 4826 Walsh Avenue
  2. 2 Whether the information from Informant C was sufficiently credible and corroborated to connect the accused to the alleged drug trafficking
  3. 3 Whether the totality of the circumstances permitted a judicial justice of the peace to infer a credibly-based probability that cocaine would be found at the accused's premises

Ratio Decidendi

Viewed in the totality of the circumstances — including credible evidence that Fred used a Straume Avenue stash house, surveillance showing Dakota stopped at 4826 Walsh Avenue shortly after the person named 'Jason' returned, wiretap content, Informant C's identification of Jason Snider and corroboration by other sources, and the subsequent discovery of cocaine — a judicial justice of the peace could reasonably conclude that a credibly‑based probability existed that cocaine would be found at the accused's residence; therefore the ITO was sufficient and the warrants validly issued.

Court Disposition

Application dismissed; search warrants upheld as validly issued.

Orders

  • Application to quash warrants dismissed
  • Search warrants for 4826 Walsh Avenue and the shed upheld as validly issued