R. v. Montgomery

R. v. Montgomery

After excising statements and speaker identifications lacking sufficient foundation and removing affiant opinions and conclusory material, the remaining ITO showed that 97 kilograms of cocaine had been imported in a fruit‑grinding machine and that surveillance and intercepted communications and observations linked activity to persons associated with 979 Pinewood Place; on that basis the justice of the peace could reasonably have issued the search warrant, so the application to quash was dismissed.

Citation
2013 BCSC 694
Parties
Crown: Regina; Accused: Clifford Roger Montgomery; Accused: Tariq Mohammed Aslam; Accused: Salvador Ascencio-Chavez
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
12 April 2013
Procedural Posture
Criminal / Voir Dire (pre Trial) on Validity of Search Warrant
Outcome
Application to quash the warrant dismissed; warrant upheld
Legal Topics
Search Warrant Validity, Information to Obtain (ito), Voice Identification, Controlled Delivery, Facial Validity of Warrants
Source Language
English
Criminal Law Search and Seizure Evidence Wiretap/intercepts Search Warrant Validity Information to Obtain (ito) Voice Identification Controlled Delivery +1 more

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Parties

Regina

Crown

Clifford Roger Montgomery

Accused

Tariq Mohammed Aslam

Accused

Salvador Ascencio-Chavez

Accused

Procedural Posture

Criminal / Voir Dire (pre Trial) on Validity of Search Warrant

Legal Issues

  1. 1 Whether the Information to Obtain provided sufficient, reasonably believable evidence to authorize a search warrant for 979 Pinewood Place
  2. 2 Whether alleged transcript excerpts and speaker identifications from intercepted communications had sufficient foundation to be relied upon
  3. 3 Whether, after excision of improperly supported material, there remained evidence on which the justice of the peace could reasonably have issued the warrant

Ratio Decidendi

After excising statements and speaker identifications lacking sufficient foundation and removing affiant opinions and conclusory material, the remaining ITO showed that 97 kilograms of cocaine had been imported in a fruit‑grinding machine and that surveillance and intercepted communications and observations linked activity to persons associated with 979 Pinewood Place; on that basis the justice of the peace could reasonably have issued the search warrant, so the application to quash was dismissed.

Court Disposition

Application to quash the warrant dismissed; warrant upheld

Orders

  • Application to quash the warrant to search 979 Pinewood Place is dismissed