The accused sought exclusion of firearms and drug-related evidence seized during execution of telewarrants at a rural farmhouse, arguing the warrants lacked sufficient grounds, the nighttime authorization was unjustified, the use of tear gas rendered the search unreasonable, and the telewarrant process was improperly used.
Applying the Garofoli review standard and the Debot framework for confidential informant reliability, the court held that the informant's detailed first-hand information was sufficiently corroborated and that any errors or exaggerations in the ITO did not amount to bad faith or invalidate the warrants.
The court further held that a nighttime dynamic entry was justified given the reported presence of multiple firearms and drugs, and that the planned use of tear gas was not excessive force on the facts.
No breach of s. 8 was established, and the seized items were ruled admissible at trial.
