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The court set aside a search warrant after finding the confidential informant evidence, anonymous handler, and surveillance corroboration were insufficient on the totality of the record.
The court upheld a drug-search warrant after excising an unsupported reference to corroboration by other police officers and finding the remaining ITO sufficient.
Viewed as a whole the ITO contained sufficient credible and reliable evidence from multiple confidential sources together with police corroboration and the accused's criminal record such that the justice of the peace could reasonably have found reasonable and probable grounds to issue the warrant; the warrant is not to be set aside.
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On a holistic review of the redacted ITO the issuing justice could reasonably have been satisfied that there were reasonable and probable grounds to issue the search warrant; the ITO was therefore upheld. The arrest of Richardson during the warrant execution constituted a technical s.9 breach because officers treated the search warrant reflexively as a de facto authority to arrest and could not articulate distinct grounds for arrest despite flight being a contributing factor; remedy consideration was deferred.
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The arrest was unlawful because the CI's tip lacked sufficient detail, proven reliability and corroboration to establish objectively reasonable grounds; the search incident to that unlawful arrest was therefore unreasonable and arbitrary (ss.8 and 9 breached) and, in combination with ss.7 concerns, the Grant factors require exclusion of the seized evidence under s.24(2) as admission would bring the administration of justice into disrepute.
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The court upheld the telewarrant process but set aside search warrants for a 1st Avenue apartment and the accused’s residence because the ITO showed suspicion, not reasonable grounds.
The court upheld search warrants for two apartments in a drug-trafficking investigation, finding the ITO showed reasonable and probable grounds and only requiring limited excisions.
In a voir dire, the court upheld two vehicle tracking warrants but set aside a telephone tracking warrant, finding the higher standard was not met.
The court upheld a CDSA search warrant for the Columbia Street residence, finding the ITO sufficiently reliable and corroborated despite drafting errors.
The application judge did not err. The alternative-location information was not sufficiently cogent to undermine the affiant's assertion of residence or to require cross-examination; the CI#1 text was a general comment not related to the investigation and its omission did not amount to an attempt to mislead; the affidavit contained detailed, corroborated information sufficient to justify the warrant. Accordingly the warrant was not to be quashed and the appeal was dismissed.
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