R. v. Marriott

R. v. Marriott

On the totality of the circumstances the excised ITO contained sufficient reliable information—corroboration among five confidential informants and independent police observations linking Marriott to the identified drug‑trafficking group, the black sport motorcycle and the white SUV associated with the group—such that a justice could reasonably conclude there was a probability drugs, records or proceeds of trafficking would be found in Room 213; accordingly the warrant was properly issuable and the application to quash the warrant was dismissed.

Citation
2017 BCSC 2535
Parties
Crown: Regina; Accused: Donald Arthur Marriott
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
17 August 2017
Procedural Posture
Criminal Search Warrant Review / Oral Ruling on Sufficiency of Information to Obtain and Application to Quash Warrant
Outcome
Application to quash the search warrant dismissed; warrant upheld.
Legal Topics
Section 8 Charter, Reasonable and Probable Grounds, Informant Reliability, Search Warrants, Judicial Review of Authorizations
Source Language
English
Criminal Law Constitutional Law Search and Seizure Evidence Law Section 8 Charter Reasonable and Probable Grounds Informant Reliability Search Warrants +1 more

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Parties

Regina

Crown

Donald Arthur Marriott

Accused

Procedural Posture

Criminal Search Warrant Review / Oral Ruling on Sufficiency of Information to Obtain and Application to Quash Warrant

Legal Issues

  1. 1 Whether the excised Information to Obtain (ITO) provided sufficient reliable information to support issuance of a search warrant for Room 213
  2. 2 Whether hearsay from multiple confidential informants and police observations, taken in totality, met the reasonable and probable grounds standard
  3. 3 Whether the accused was sufficiently linked to the drug‑trafficking group and Room 213 to justify the search

Ratio Decidendi

On the totality of the circumstances the excised ITO contained sufficient reliable information—corroboration among five confidential informants and independent police observations linking Marriott to the identified drug‑trafficking group, the black sport motorcycle and the white SUV associated with the group—such that a justice could reasonably conclude there was a probability drugs, records or proceeds of trafficking would be found in Room 213; accordingly the warrant was properly issuable and the application to quash the warrant was dismissed.

Court Disposition

Application to quash the search warrant dismissed; warrant upheld.

Orders

  • Application to quash the warrant is dismissed