Client charged with numerous drug and weapons offences as a result of police entry into her residence. Upon entering the residence the officers noted marijuana in “plain view”. Client was arrested, a search warrant was obtained, and other drugs and weapons were located. Charter notice was filed alleging unlawful entry on the part of the police officers. At trial both officers testified that that they knocked on the door and were told to “come in” by the client. Evidence of each officer contradicted the other as to how this occurred.
Held: Client would have testified that she did not invite the police to enter, however after the examination and cross examination of the two officers, Crown counsel entered a stay of proceedings.