The applicant, charged with various drug and property offences, brought an application to exclude evidence obtained during a search of his rural property.
The police initially obtained a warrant to search for a handgun but subsequently found large amounts of cash and drugs, leading to a second warrant.
The court found the first warrant was overbroad and excised portions allowing searches of outbuildings.
The court also found the police breached the applicant's section 8 Charter rights by unreasonably seizing cash from his person during the initial entry.
Finally, the court ruled the second warrant was invalid due to improper 'adjudicator shopping' by the affiant, rendering the subsequent seizures warrantless.
The section 24(2) analysis was deferred to a later hearing.
