R. v. Smith

R. v. Smith

Although the information to obtain contained several misleading or inaccurate averments, none were fraudulent and, after excluding or assessing the errors, the remaining reliable material (including officer Dodds' contemporaneous identification of the odour of growing marihuana from in front of the residence) provided sufficient probable grounds such that the issuing justice could have granted the warrant; accordingly the application to set aside the warrant was dismissed and the warrant upheld.

Citation
2002 BCSC 715
Parties
Crown: Her Majesty the Queen; Defendant: Michael Donald Smith
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
3 July 2002
Procedural Posture
Criminal (controlled Drugs and Substances Act) / Voir Dire (pre Trial Evidentiary Hearing)
Outcome
Application to set aside search warrant dismissed; warrant upheld
Legal Topics
Search Warrant Validity, Reasonable and Probable Grounds, Misleading or Incomplete Affidavit Material, Amplification of Affidavit Evidence, Admissibility of Evidence Seized, Odour as Evidentiary Basis
Source Language
English
Criminal Law Search and Seizure Constitutional Law Controlled Substances Law Charter S.8 Search Warrant Validity Reasonable and Probable Grounds Misleading or Incomplete Affidavit Material +3 more

Case Brief

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Parties

Her Majesty the Queen

Crown

Michael Donald Smith

Defendant

Procedural Posture

Criminal (controlled Drugs and Substances Act) / Voir Dire (pre Trial Evidentiary Hearing)

Legal Issues

  1. 1 Whether the information to obtain the search warrant was misleading, erroneous or incomplete such that the warrant must be set aside
  2. 2 Whether omissions or inaccuracies were inadvertent or fraudulent
  3. 3 Whether amplification of affidavit material was permissible

Ratio Decidendi

Although the information to obtain contained several misleading or inaccurate averments, none were fraudulent and, after excluding or assessing the errors, the remaining reliable material (including officer Dodds' contemporaneous identification of the odour of growing marihuana from in front of the residence) provided sufficient probable grounds such that the issuing justice could have granted the warrant; accordingly the application to set aside the warrant was dismissed and the warrant upheld.

Court Disposition

Application to set aside search warrant dismissed; warrant upheld

Orders

  • Application to strike warrant dismissed
  • Evidence obtained pursuant to the search warrant may be entered at trial if counsel so elects