Conviction appeal on drug charges. “This appeal involves the power of a peace officer to make an arrest without a warrant.” Police received anonymous informant information that the accused was trafficking in cocaine, and then observed the accused to enter to and exit from an apartment believed to be associated with drug trafficking.
Held: Appeal allowed. Acquittal entered.
Objective reasonable grounds not established. “There were very few surveillance observations: two, to be exact. And not only were they consistent with lawful behaviour, but there was also nothing in the observed behaviour which objectively suggested the appellant had committed or was about to commit an indictable offence.” People lawfully buying or selling items on line may very well engage in brief transactions in their homes, or cars, or on the street. Police had a mere suspicion that the accused was engaged in drug trafficking.
J. Ruttan – Defence Counsel