HMTQ v. Billings

HMTQ v. Billings

The information to obtain did not establish a credibly based probability that evidence of the murder would be found at the accused's residence, therefore the warrant was unlawful and quashed; the accused had standing through a reasonable expectation of privacy; the subsequent seizure and access to the accused's computer data was obtained in a manner violating s.8 and, being conscriptive and arising from a serious invasion of the sanctity of the home, must be excluded under s.24(2).

Citation
2004 BCSC 378
Parties
Crown/prosecutor: Her Majesty the Queen; Accused/defendant: Peter Levi Billings
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
26 March 2004
Procedural Posture
Criminal Murder (first Degree) / Voir Dire (pre Trial Motion on Search Warrant/charter Issues)
Outcome
Search warrant quashed; evidence seized pursuant to that warrant excluded
Legal Topics
Search Warrant Validity, Reasonable Expectation of Privacy, Exclusion of Evidence Under S.24(2), Plain View Doctrine, Standing to Challenge Search, Conscriptive Evidence (electronic Data)
Source Language
English
Criminal Law Constitutional Law (charter) Search and Seizure Law Search Warrant Validity Reasonable Expectation of Privacy Exclusion of Evidence Under S.24(2) Plain View Doctrine Standing to Challenge Search +1 more

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Parties

Her Majesty the Queen

Crown/prosecutor

Peter Levi Billings

Accused/defendant

Procedural Posture

Criminal Murder (first Degree) / Voir Dire (pre Trial Motion on Search Warrant/charter Issues)

Legal Issues

  1. 1 Whether the information to obtain established a credibly based probability to issue a warrant for the accused's residence
  2. 2 Whether the accused had standing/reasonable expectation of privacy to challenge the search
  3. 3 Whether the seizure of the computer and subsequent extraction of hard drive data infringed s.8 of the Charter

Ratio Decidendi

The information to obtain did not establish a credibly based probability that evidence of the murder would be found at the accused's residence, therefore the warrant was unlawful and quashed; the accused had standing through a reasonable expectation of privacy; the subsequent seizure and access to the accused's computer data was obtained in a manner violating s.8 and, being conscriptive and arising from a serious invasion of the sanctity of the home, must be excluded under s.24(2).

Court Disposition

Search warrant quashed; evidence seized pursuant to that warrant excluded

Orders

  • Search warrant for 329 East 24th Avenue quashed
  • All information and articles seized pursuant to the impugned search excluded from the Crown's case