R. v. Serban

R. v. Serban

The telewarrant was valid because the officer objectively and reasonably believed attendance before a justice in person was impracticable due to critical manpower shortages and travel/time constraints and the issuing justice had a reasonable basis; the warrantless entry onto the property, entry into the residence and clearance search including the basement were justified and reasonable in the circumstances of a 9-1-1 response under Godoy to protect life and safety, so there was no breach of s.8 of the Charter and the warrant and resulting search evidence were not to be quashed.

Citation
2015 BCSC 1427
Parties
Crown: Regina; Accused: Cristina Serban; Accused: Romeo Serban
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 June 2015
Procedural Posture
Criminal Controlled Drugs and Substances Act (production and Possession for Purpose of Trafficking) / Pre Trial Voir Dires on Admissibility of Search Evidence (telewarrant and Warrantless Search)
Outcome
Telewarrant upheld; search warrant not quashed; no breach of Charter s.8 found
Legal Topics
Telewarrant Under S.487.1 Criminal Code, Warrantless Entry/clearance Under Common Law and Godoy, Charter S.8 Unreasonable Search, Exclusion of Evidence S.24(2)
Source Language
English
Criminal Law Constitutional Law Criminal Procedure Search and Seizure Evidence Telewarrant Under S.487.1 Criminal Code Warrantless Entry/clearance Under Common Law and Godoy Charter S.8 Unreasonable Search +1 more

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Parties

Regina

Crown

Cristina Serban

Accused

Romeo Serban

Accused

Procedural Posture

Criminal Controlled Drugs and Substances Act (production and Possession for Purpose of Trafficking) / Pre Trial Voir Dires on Admissibility of Search Evidence (telewarrant and Warrantless Search)

Legal Issues

  1. 1 Whether the telewarrant met the prerequisites in s.487.1 of the Criminal Code (impracticability to appear in person and adequate ITO)
  2. 2 Whether the initial warrantless entry and subsequent clearance search (including basement) were reasonable under s.8 of the Charter and common law authority to investigate 9-1-1 calls (Godoy)
  3. 3 Whether any evidence obtained should be excluded under s.24(2) of the Charter

Ratio Decidendi

The telewarrant was valid because the officer objectively and reasonably believed attendance before a justice in person was impracticable due to critical manpower shortages and travel/time constraints and the issuing justice had a reasonable basis; the warrantless entry onto the property, entry into the residence and clearance search including the basement were justified and reasonable in the circumstances of a 9-1-1 response under Godoy to protect life and safety, so there was no breach of s.8 of the Charter and the warrant and resulting search evidence were not to be quashed.

Court Disposition

Telewarrant upheld; search warrant not quashed; no breach of Charter s.8 found

Orders

  • Telewarrant validly issued; search of premises ruled reasonable; no exclusion of evidence under s.24(2) ordered