The applicant brought a Garofoli application challenging the validity of a search warrant for his residence, arguing the Information to Obtain (ITO) lacked sufficient grounds and contained misleading information about him 'sheltering' his address.
The police relied on a confidential informant's tip and surveillance showing the applicant engaging in drug transactions after leaving his residence.
The court found that the affiant's assertion that the applicant was sheltering his address was not misleading, even though the applicant was on bail with a surety at a different address.
The court concluded that the issuing justice could reasonably have granted the warrant based on the amplified record and dismissed the Charter section 8 application.
