R v. Rhodenizer

R v. Rhodenizer

The warrant was valid because, viewed as a whole, multiple independent informants and police surveillance provided sufficient reliable information that might reasonably be believed by the Justice of the Peace to constitute reasonable and probable grounds for a drug search; therefore the search complied with Charter s.8 and the exclusion remedy under s.24(2) need not be addressed.

Citation
2003 NSPC 17
Parties
Crown: Her Majesty the Queen; Defendant: Lance Boyd Rhodenizer
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
8 April 2003
Procedural Posture
Criminal / Application to Exclude Evidence Under S.24(2) Following Review of a Search Warrant Issuance
Outcome
Application to exclude evidence dismissed; warrant upheld; search found lawful under Charter s.8.
Legal Topics
Search and Seizure, Warrant Issuance, Informant Reliability, Reasonable and Probable Grounds, Charter S.8, Charter S.24(2)
Source Language
English
Criminal Law Constitutional Law Evidence Law Search and Seizure Warrant Issuance Informant Reliability Reasonable and Probable Grounds Charter S.8 +1 more

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Parties

Her Majesty the Queen

Crown

Lance Boyd Rhodenizer

Defendant

Procedural Posture

Criminal / Application to Exclude Evidence Under S.24(2) Following Review of a Search Warrant Issuance

Legal Issues

  1. 1 Whether the information to obtain the warrant met the Debot test and provided reasonable and probable grounds for issuance
  2. 2 Whether the search breached Charter s.8 protection against unreasonable search and seizure
  3. 3 Whether evidence obtained should be excluded under Charter s.24(2)

Ratio Decidendi

The warrant was valid because, viewed as a whole, multiple independent informants and police surveillance provided sufficient reliable information that might reasonably be believed by the Justice of the Peace to constitute reasonable and probable grounds for a drug search; therefore the search complied with Charter s.8 and the exclusion remedy under s.24(2) need not be addressed.

Court Disposition

Application to exclude evidence dismissed; warrant upheld; search found lawful under Charter s.8.

Orders

  • Application for exclusion of evidence dismissed