What is the test for a search warrant to search a house for illegal activity?

Alberta, Canada


The following excerpt is from R.v. Blanchett, 2002 ABQB 134 (CanLII):

In R v. Carrier, supra the court was persuaded that there were reasonable grounds to believe that a crime had been committed and as a result found that the search warrant was valid. The court indicated that the details provided in the Information to Obtain were sufficient to provide reasonable grounds. The police left out several details and left certain issues to inference. The court mentioned that the source had observed the information first-hand. The source observed potted plants and lights on in rooms that did not contain furniture. There was no indication in the warrant about the reliability of the source and this was the first time this police officer had dealings with the source. The police also included a comparison of the electricity utilized in the searched location with another nearby home which indicated that its electricity consumption was double the house beside it. The court found that this provided ample evidence and that the provincial court judge acted reasonably when drawing inferences from the information provided.

Other Questions


Can a search without a warrant be conducted without a search warrant? (Alberta, Canada)
What is the test for “plain view” searches in the context of the search warrant? (Alberta, Canada)
Can a search warrant be used to search a person who has been arrested? (Alberta, Canada)
What is the test for standing against a search warrant? (Alberta, Canada)
Is a search without a warrant incidental to a lawful arrest reasonable and justified? (Alberta, Canada)
What is the test for obtaining a search warrant under section 487.08 of the Criminal Code? (Alberta, Canada)
Can a tip from an informant sustain the issuance of a search warrant? (Alberta, Canada)
What is the rationale for excising erroneous, fraudulent and misleading evidence in a search warrant application? (Alberta, Canada)
What is the effect of s.24(2) of the Charter on the use of search warrants in sexual assault cases? (Alberta, Canada)
What is the test for obtaining a search warrant for marihuana plants based on an anonymous "Crime Stoppers" tip? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.