POWERS OF SEARCH AND SEIZURE - Search warrants - Informer’s tip

Law360 Canada ( March 8, 2021, 9:02 AM EST) -- Appeal by Perkins from his conviction on two counts of possession of cocaine and fentanyl for the purpose of trafficking, six counts of illegal possession of firearms and two counts of possession of prohibited devices. The firearms were discovered after the execution of search warrants on a storage locker, the keys to which were in the appellant’s vehicle, which was the subject of a tracking warrant and was also the subject of a search warrant. The keys also opened a safe inside the storage locker, which contained cocaine, and a safe located in a barn, where additional firearms and drugs were found. The appellant’s fingerprints were found inside the safe. Cocaine and fentanyl were found in an envelope delivered by the appellant to a postal outlet. Similar packaging was found in the barn. Surveillance of the appellant showed him at the storage locker and the barn. Surveillance of the appellant’s vehicle revealed short meetings in parking lots consistent with drug transactions. The trial judge initially found there was insufficient information in the information to obtain (ITO) to support the production order and warrants. Based on a supplemented ITO, which partially unredacted information from a source that had been initially redacted, the trial judge upheld the production order, general warrant and other search warrants as valid. The unredacted information explained that the source had identified the appellant’s photo, provided a description of the appellant and had picked up cocaine directly from the appellant. The additional information did not provide the source’s name....
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