British Columbia Supreme Court, Victoria, 10 September 2002
An RCMP officer, on a tip, conducted infrared surveillance of Jordan’s rented residence. The officer determined that the chimney was venting heat that was not accompanied by smoke, the basement was hotter than the main floor, the power metre was noticeably hot, there was a steady humming noise from electric fans from the back of the house, a rear basement window was covered but there was a bright sliver of light coming from it, and there was a slight odour of marijuana emanating from the rear of the house. A search revealed several hundred marijuana plants.
Jordan had a past conviction for a marijuana grow operation. He challenged the warrant. The Court found that the officer had trespassed on the Jordan’s leasehold, but after the information obtained from the back of the house, where Jordan had a reasonable expectation of privacy, was deleted, the information remaining supported the search warrant.