What is the test for obtaining a search warrant from a justice of the peace?
Alberta, Canada
The following excerpt is from R. v. Petkau, 1998 ABQB 365 (CanLII):
CBC v. AG for N.B. 1991 CanLII 50 (SCC), [1991] 3 S.C.R. 459 at 481. It is essential that all requirements set out in s. 487(1)(b) of the Criminal Code for the issuance of a search warrant be met. Also, a justice of the peace may not issue a warrant simply because a police officer swears that he or she has reasonable grounds. The police officer must set out sufficient facts to enable the justice of the peace to form an independent opinion that reasonable grounds exist.
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