Conviction appeal on charges including possession of cocaine for the purpose of trafficking. Following the accused’s arrest on drug charges outside of a restaurant, the police attended at the accused’s residence, forced entry, and conducted a cursory search prior to obtaining a warrant. The search was conducted to ensure that no one was in the residence so as to prevent the destruction of evidence.
Held: Appeal dismissed.
Trial judge did not err in finding that exigent circumstances existed justifying the warrantless entry and the cursory search. As per McCormack, 2000 BCCA 57, the police had a subjective belief that immediate action was required to secure and protect evidence, and the trial judge was correct in finding that that belief was reasonably held.
G. Wolch – Defence Counsel