Flawed warrant

Newfoundland Provincial Court, 18 September 2002
Police received a tip that Brian Pelley, 39, was being supplied hash oil and marijuana from Ontario. They got a search warrant and seized eight ounces of hash oil and an ounce of marijuana.

Pelley was charged with trafficking. He challenged the warrant. The Court agreed that the Information to Obtain (ITO) the warrant was seriously flawed, but decided to admit the evidence anyway, because the police believed they had to act quickly or evidence might be lost.

Comments