In a multi-accused pre-trial Charter motion arising from a violent home invasion and related firearms and conspiracy allegations, the applicants sought excision of Home Depot records, Instagram-derived identification evidence, tower dump material, and Part VI interceptions.
The court held the applicants lacked standing to challenge the Home Depot records and store surveillance, and that the private Instagram account did not attract an objectively reasonable expectation of privacy in the circumstances.
The court further upheld the tower dump authorization under s. 487.015 of the Criminal Code, found the subsequent subscriber query authorized, and rejected claims that the ITO relied on speculation.
Applying Garofoli and Araujo, the court concluded that, after amplification and excision, the Part VI authorization still had sufficient grounds and satisfied investigative necessity.
The motion was dismissed, with remaining search issues relating to later searches to be addressed separately.
