Can a search warrant issued in respect of the accused's residence be invalid?
British Columbia, Canada
The following excerpt is from R. v. Schwengers, 2005 BCPC 578 (CanLII):
It was my conclusion that the search warrant issued in respect of the accused’s residence was invalid for two reasons. First, on its face the Information to Obtain did not support the issuance of a search warrant based upon the standard for review set out in Regina v. Garofoli (1990) 1990 CanLII 52 (SCC), 60 CCC (3d) 161 (SCC). Second, the search warrant cannot stand because it is based upon an Information To Obtain seeking an offence not described in the search warrant.
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