Following a landlord's unlawful entry into a rental unit and disclosure of photographs and information to police, the accused challenged the resulting warrant on the basis that the landlord acted as a state agent or, alternatively, that police negligently relied on unlawfully obtained evidence.
The court held the landlord acted for his own purposes, not at the direction of police, and found no police negligence, bad faith, or basis to exercise residual discretion to quash the warrant.
On the merits, the court accepted expert evidence that the variety and packaging of the drugs, together with scales and phenacetin, were consistent with possession for the purpose of trafficking.
The accused was convicted on the CDSA counts and acquitted on the mischief count because damage to the camera mounting was not proved beyond a reasonable doubt.
