R. v. Brown

R. v. Brown

The issuing Justice could reasonably have relied on the strong smell of fresh marijuana together with CPIC evidence of prior indoor grows to form reasonable and probable grounds for a warrant; excluding unlawfully obtained items from the ITO did not defeat the remaining reliable evidence, therefore the warrant was valid and there was no s.8 Charter breach.

Citation
2016 NSPC 63
Parties
Prosecution: Her Majesty; Accused: Michael Anthony Brown
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
4 November 2016
Procedural Posture
Criminal / Application to Review Search Warrant and Charter S.8/24(2) Motion
Outcome
Application dismissed; search warrant upheld; s.8 of the Charter not infringed
Legal Topics
Section 8 Charter, Section 24(2) Exclusion, Search Warrant Review, Reasonable and Probable Grounds, Plain View Doctrine, Odour as Indicia
Source Language
English
Constitutional Law Criminal Law Search and Seizure Section 8 Charter Section 24(2) Exclusion Search Warrant Review Reasonable and Probable Grounds Plain View Doctrine +1 more

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Parties

Her Majesty

Prosecution

Michael Anthony Brown

Accused

Procedural Posture

Criminal / Application to Review Search Warrant and Charter S.8/24(2) Motion

Legal Issues

  1. 1 Whether the initial entry and seizure offends s.8 of the Charter
  2. 2 Whether the subsequent search warrant was validly issued
  3. 3 Whether evidence should be excluded under s.24(2) of the Charter

Ratio Decidendi

The issuing Justice could reasonably have relied on the strong smell of fresh marijuana together with CPIC evidence of prior indoor grows to form reasonable and probable grounds for a warrant; excluding unlawfully obtained items from the ITO did not defeat the remaining reliable evidence, therefore the warrant was valid and there was no s.8 Charter breach.

Court Disposition

Application dismissed; search warrant upheld; s.8 of the Charter not infringed

Orders

  • Application to exclude evidence dismissed
  • Search warrant authorization upheld; no exclusion of evidence under s.24(2) granted