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Judge dismisses Sagmoen’s challenge of police search warrant

Dec 9, 2019 | 11:49 AM

Curtis Sagmoen has suffered a setback in his defence of charges where he’s accused of threatening a sex trade worker with a gun near Falkland two years ago.

A B.C. Supreme Court Judge has rejected the defence’s application to have a police search warrant ruled invalid.

The search warrant was issued in September 2017 and allowed police to search for certain items on Sagmoen’s family property in a rural area south of Salmon Arm.

“The accused challenges the facial validity of the search warrant on the basis that the information to obtains weren’t in support of the search warrant, is said to be rife with rumours, gossip, unsubstantiated speculation and conclusory statements without foundation, and that it was drafted so it was to mislead the authorizing justice,” Justice Alison Beames read out from her judgment Monday morning.

In her conclusion after a voir dire hearing to determine the admissibility of evidence involving the Crown and defence lawyers, Beames ruled there was “ample evidence” to issue the search warrant.

“On this facial validity challenge, I find there was ample evidence upon which the issuing justice could have been satisfied on reasonable and probable grounds that Curtis Sagmoen was the offender and that he lived [at the stated address.] Similarly, I find there were reasonable and probable grounds to believe the items the affiants set out as items to be search for would afford items of the offence. They were all personal items.”

With that statement, Beames dismissed the defence’s challenge of the search warrant.

Sagmoen is facing five charges including uttering threats and disguising his face.

The first evidence of the trial is expected to be the next step, either later today or Tuesday.

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