The Queen v. H.(S.) 2019

After an investigation into a number of arsons, the police obtained a search warrant for the client’s house.  When conducting the search the police found two firearms that were allegedly stored contrary to regulations and in a careless manner.  The client was charged accordingly.  Prior to trial, Mr. van der Walle filed his Notice of Constitutional Argument, alleging that the search warrant was invalid because the police had not provided the issuing Justice  of the Peace with sufficient information to amount to reasonable grounds, or “probable cause” as the Americans like to say, that evidence of the offences would be found inside the client’s home.  The Crown counsel wisely decided that the defence argument had serious merit and much to his credit decided to “drop” the charges by entering a stay of proceedings on the first morning of trial.  Not guilty.  No trial necessary.