July 20th, 2018
Eager Consent To Search NOT Same As Informed Consent, Search Violation – R v Nafke, 2018 Calgary Provincial Court
Drug trafficking trial. Voir dire to determine whether accused’s section 8 Charter rights were violated by police installing a video cameral in the hallway of a condo complex, without a warrant. Building manager was cooperative and granted police access. Evidence from the camera was later used to support an application for a warrant to search … Read More.
Search Of Computer Upheld Notwithstanding Wrong Warrant & No Report To Justice – R v Villaroman, 2018 Alberta Court Of Appeal
Accused charged with possession of child pornography. Police obtained a general warrant to search his computer but failed to file a report to a justice, and conducted a broad search of the computer without detailed notes. Issue before the Court of Appeal was whether trial judge erred in finding no s 8 breach. Held: s … Read More.
July 13th, 2018
Cell Phone Search At Border Legal In Child Pornography Case – R v Canfield, 2018 Edmonton Queen’s Bench
Two accused charged with child pornography offences after searches of their cell phones at the airport. Defence challenged the constitutionality of s 99(1) of the Customs Act (giving border officers broad power to examine any goods) on the basis that electronic devices should not have been searched without individualized suspicion of contraband. Held: Customs Act, … Read More.
November 16th, 2016
Client charged with drug trafficking and possession for the purposes. Police get a tip that two individuals are going to be transporting drugs from FM to Saskatchewan. Based on this limited information police purport to locate the accused at the airport as he waited to board a flight, detain and search him, whereupon drugs are … Read More.
July 3rd, 2014
Client charged with impaired driving and over legal alcohol limit when driving. Officer arrested client for impaired operation due to observing an “awkward” turn prior to parking, a “slight” zig zag pattern while walking, odour of liquor and “leaning forward” on toes as if “steadying” himself. Officer also aware that client had been on heavily … Read More.
March 12th, 2018
Accused charged with offences related to a home invasion robbery. Police covertly installed a video camera in the hallway of an apartment building without warrant or consent of the property manager. Issue of whether accused had standing to allege s 8 Charter breach and exclude evidence obtained as a result of the camera. Held: s … Read More.
January 29th, 2018
Accused charged with possession of drugs for the purpose of trafficking and weapons offences. In the course of a traffic stop, police engaged the accused in conversation on several topics including his vehicle, travel plans, and living situation. Issue of whether the questions amounted to unreasonable search and seizure. Held: No s 8 violation. In … Read More.
January 15th, 2018
Appeal from conviction for possession of marijuana for the purpose of trafficking. Sniffer dog search after a vehicle stop. Officer’s grounds for suspicion were: (1) appellant’s “illogical” brief exit from the highway, (2) cooler and food in the vehicle, (3) result of police information checks showing appellant was “associated” with marijuana grow-op files; (4) diaper … Read More.
December 29th, 2017
Appeal from conviction on drug charges. Vehicle stop. Appellant was driving a rental car, appeared very nervous, and gave suspicious answers about his destination and how long he had been driving. This prompted a police computer check which revealed appellant’s prior involvement in drug-related matters. Officer then conducted dog sniff search on basis of suspicion … Read More.
July 20th, 2017
Impaired driving trial. Issue regarding whether police had reasonable grounds to arrest and make a breath demand. Police responded to a complaint regarding a hit and run and possible impaired driver. Damaged vehicle located. Accused was passed out in the driver’s seat. Strong odour of alcohol. Accused arrested within two minutes of police arrival. Held: … Read More.