The applicant, Donald Riggs, brought a motion to exclude evidence obtained via search warrants, arguing a violation of his Section 8 Charter rights due to an initial warrantless search of his mobile phone.
The Crown contended that the warrants were valid even if information gleaned from the initial search was excised.
The court dismissed the application, finding that the information provided by the reporting party alone was sufficient to establish reasonable and probable grounds for the warrant, and that the 'three Cs' test from R. v. Debot was not applicable to this type of information.
The court also noted the conflicting jurisprudence regarding police actions when private citizens report criminal activity on electronic devices but did not need to resolve it for this decision.
