Is a valid search warrant valid for the possession of marihuana under cultivation in a barn?
British Columbia, Canada
The following excerpt is from R. v. Hutchings, 1996 CanLII 703 (BC CA):
Having regard to the authorities, particularly Garofoli v. The Queen, 1990 CanLII 52 (SCC), [1990] 2 S.C.R., 1421, The Queen v. Grant, 1993 CanLII 68 (SCC), [1993] 3 S.C.R. 223 and many others, I have no difficulty in concluding that the final search in which a substantial quantity of marihuana under cultivation was found in the barn, was authorized by a valid warrant. 6. The admission made by the appellant.
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