What is the test for obtaining a search warrant for marihuana plants based on an anonymous "Crime Stoppers" tip?

Alberta, Canada


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

In R v. Plant, 1993 CanLII 70 (SCC), [1993] 3 S.C.R. 281, the information in the warrant was found to be sufficiently detailed to corroborate the information provided by the unproven source. An anonymous “Crime Stoppers” tip was received which indicated that marihuana was being grown in the basement of a ‘cute’ house beside a house with a lot of windows on 26th Street between two consecutive cross avenues in Calgary. A police officer went to the area and subsequently ascertained the exact address. Two police officers did a perimeter search. A police officer then checked the utilities and compared the usage and found that the location had consumption four times that of the average house in the area. The court excised the information from the unlawful perimeter search but found that the remaining information was sufficient to constitute reasonable grounds for the warrant.

Other Questions


Can a search without a warrant be conducted without a search warrant? (Alberta, Canada)
What is the test for a search warrant to search a house for illegal activity? (Alberta, Canada)
What is the test for obtaining a search warrant from a justice of the peace? (Alberta, Canada)
Can a search warrant be used to search a person who has been arrested? (Alberta, Canada)
What is the test for obtaining a search warrant under section 487.08 of the Criminal Code? (Alberta, Canada)
What is the test for “plain view” searches in the context of the search warrant? (Alberta, Canada)
In what circumstances will a jury allow evidence of marihuana plants to be admitted at trial? (Alberta, Canada)
What is the test for obtaining a judicial warrant to arrest a person within a home? (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 rationale for excising erroneous, fraudulent and misleading evidence in a search warrant application? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.