Sentences with phrase «grounds of the search warrant»

The Court of Appeal upheld the trial judge's ruling that the gathering of the evidence that formed the grounds of the search warrant violated Mr. White's Section 8 rights under the Charter of Rights and Freedoms («Charter»), and the evidence was excluded pursuant to section 24 (2) of the Charter.

Not exact matches

[13] The threshold question on this appeal is whether the justice of the peace who issued the search warrant acted on reasonable and probable grounds, as required under both the Criminal Code and the Charter.

Under this section, a warrant may be issued by a judge following an application by a peace officer, without notice to the respondent, where there are reasonable and probable grounds to believe that a family member may have been the subject of family violence, will be found at the place to be searched, and the person who provided the information has been refused access to the family member.

Despite the constitutional infringement arising from the warrantless perimeter search, the majority concluded that the information obtained by way of the electrical utility records, together with the anonymous tip, constituted reasonable and probable grounds for the search warrant in question:

The statutory scheme of PACE 1984, ss 8 and 15, permits a Magistrates» Court in an ex parte application for a search and seizure warrant to have regard to material that, on public interest grounds, can not be disclosed to a person affected by the warrant or order, even where this material is decisive for the legitimacy of the warrant.

Two aspects of Cpl. Marcetta's testimony in Croft — information about an informant's relationship with the target and information about perceived reliability — are relevant to the reasonable grounds precondition for the issuance of search warrants and wiretap authorizations.