R. v. Hollaman

R. v. Hollaman

The ITO, read in its totality, contained sufficient corroborative and surveillance evidence (database/PRIME checks, vehicle registration, surveillance tying Swerhun to 505 Valley Road, and Swerhun's arrest with drugs matching informant tips) to permit a judicial justice to find reasonable and probable grounds that an offence had been committed and that evidence would be found at the residence, so the warrant was valid and the s.8 challenge failed.

Citation
2022 BCSC 2319
Parties
Crown: Regina; Accused: Kyle Hollaman
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
22 March 2022
Procedural Posture
Criminal Charter S.8 Search and Seizure Challenge / Voir Dire 1 Oral Ruling on Validity of Search Warrant
Outcome
Application to exclude evidence dismissed; search warrant upheld
Legal Topics
Search Warrant Validity, Reasonable and Probable Grounds, Confidential Informants, Hearsay and Corroboration, Rule Against Narrative, Judicial Review of Warrants
Source Language
English
Criminal Law Constitutional Law Search and Seizure Evidence Search Warrant Validity Reasonable and Probable Grounds Confidential Informants Hearsay and Corroboration +2 more

Case Brief

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Parties

Regina

Crown

Kyle Hollaman

Accused

Procedural Posture

Criminal Charter S.8 Search and Seizure Challenge / Voir Dire 1 Oral Ruling on Validity of Search Warrant

Legal Issues

  1. 1 Whether the Information to Obtain (ITO) supplied reasonable and probable grounds to issue the search warrant under s.487 Criminal Code and s.11 CDSA
  2. 2 Whether s.8 Charter rights were breached by the search
  3. 3 Whether information from confidential informants was sufficiently reliable or corroborated

Ratio Decidendi

The ITO, read in its totality, contained sufficient corroborative and surveillance evidence (database/PRIME checks, vehicle registration, surveillance tying Swerhun to 505 Valley Road, and Swerhun's arrest with drugs matching informant tips) to permit a judicial justice to find reasonable and probable grounds that an offence had been committed and that evidence would be found at the residence, so the warrant was valid and the s.8 challenge failed.

Court Disposition

Application to exclude evidence dismissed; search warrant upheld

Orders

  • Application dismissed