R. v. Salehi

R. v. Salehi

Reading the ITO in its entirety and applying a practical, common‑sense standard, the issuing justice could have reasonably concluded there were reasonable and probable grounds that the contents of Salehi's cell phone would afford evidence relevant to the murders; accordingly the ITO was facially valid and the s.8 Charter challenge failed.

Citation
2019 BCSC 134
Parties
Crown: Regina; Accused: Maurio Salehi; Amicus Curiae: Amicus Curiae
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
29 January 2019
Procedural Posture
Criminal First Degree Murder; S.8 Charter Challenge to Search Warrant/ito / Voir Dire (pre Trial Facial Validity Challenge to the Information to Obtain)
Outcome
Application dismissed; ITO facially valid; s.8 Charter challenge dismissed.
Legal Topics
Search Warrant Validity, Information to Obtain (ito), Section 8 Charter, Reasonable and Probable Grounds, Garofoli Review, Interpretation of S.487(1)(b)
Source Language
English
Criminal Law Constitutional Law Evidence Search and Seizure Search Warrant Validity Information to Obtain (ito) Section 8 Charter Reasonable and Probable Grounds +2 more

Case Brief

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Parties

Regina

Crown

Maurio Salehi

Accused

Amicus Curiae

Amicus Curiae

Procedural Posture

Criminal First Degree Murder; S.8 Charter Challenge to Search Warrant/ito / Voir Dire (pre Trial Facial Validity Challenge to the Information to Obtain)

Legal Issues

  1. 1 Whether the ITO contained reasonable and probable grounds that searching the accused's cell phone would afford evidence of the offence
  2. 2 Whether the search of the cell phone constituted a s.8 Charter breach due to an invalid ITO

Ratio Decidendi

Reading the ITO in its entirety and applying a practical, common‑sense standard, the issuing justice could have reasonably concluded there were reasonable and probable grounds that the contents of Salehi's cell phone would afford evidence relevant to the murders; accordingly the ITO was facially valid and the s.8 Charter challenge failed.

Court Disposition

Application dismissed; ITO facially valid; s.8 Charter challenge dismissed.

Orders

  • Voir dire dismissed; ITO upheld as facially valid and warrant to search accused's cell phone could have been granted