Section 8: Search & Seizure
R. v. Jones, 2017 SCC 60
Mr. Jones attempted to defend himself from firearms and drug trafficking charges by challenging the admissibility of text messages obtained through a Production Order served on his wireless service provider, Telus. Continue reading
Filed under Section 8: Search & Seizure
R. v. Marakah, 2017 SCC 59
Police officers obtained evidence of Mr. Marakah’s involvement in firearms trafficking, through a warrantless search of an iPhone belonging to Marakah’s accomplice, Winchester. Continue reading
Filed under Section 8: Search & Seizure
R. v. Paterson, [2017] 1 SCR 202
Police attended an apartment in response to an alleged domestic incident and noticed an odour of marijuana. Mr. Paterson, who answered the door, acknowledged that he was in possession of three marijuana roaches. Police demanded that he turn them over, on the understanding that they would seize the roaches without charging him. When Mr. Paterson “agreed to hand over the roaches and attempted to close the door, … Constable Dykeman blocked the door with his foot and said he would not let the appellant out of his sight.” Continue reading
R. v. Spencer, 2014 SCC 43
The accused, Matthew David Spencer, was charged with possession and distribution of child pornography as a result of a police investigation using Limewire, an anonymous peer-to-peer file sharing software. Upon discovering an IP address which appeared to be the source … Continue reading
R. v. Vu, 2013 SCC 60
The accused, Thanh Long Vu, was suspected of electricity theft. Police obtained a warrant to search his home, but made no mention in the Information to Obtain that computers might be seized and searched. In the course of the search, a marijuana grow operation was discovered, and evidence obtained from the search of a computer was used to connect Vu with allegations of marijuana production and electricity theft. Continue reading
R. v. MacKenzie, 2013 SCC 50
Benjamin Cain MacKenzie was subject to a traffic stop, during which police developed a suspicion that he was trafficking drugs. The factors pointed to by the officers on the scene were Mr. MacKenzie’s “erratic manner of driving, high level of nervousness, the pinkish hue of his eyes, his course of travel and contradictory answers on his travel dates.” Continue reading
R. v. Chehil, 2013 SCC 49
The accused, Mandeep Singh Chehil, aroused the suspicion of police when he booked a one-way overnight flight from Vancouver to Halifax, travelling alone, paying cash for his ticket at the last minute, and checking one bag. Considering all of these factors, the police developed “reasonable suspicion” that Mr. Chehil was trafficking drugs and presented his checked bag to a sniffer dog. When the dog gave a positive indication for the presence of drugs, police opened the bag and discovered three kilograms of cocaine. Continue reading
R. v. TELUS Communications Co., 2013 SCC 16
The telecommunications carrier, Telus, kept a backup of all text messages sent over its wireless network, potentially allowing customers to recover messages which had been accidentally deleted. Police had obtained a general warrant to access this database for the purpose of an investigation involving two Telus subscriber. Telus applied to quash the warrant, arguing that it is unlawful to intercept a private communication without specific wiretap authorization under Section VI of the Criminal Code. Continue reading
Filed under Section 8: Search & Seizure
R. v. Boyd, 2013 BCCA 19
The Appellant, Craig Boyd, was charged with possession of cocaine for the purpose of trafficking after a search of his vehicle resulting from a police road block. The officer who stopped his vehicle apparently smelled an odour of burnt marijuana, then placed Mr. Boyd under arrest. The search of the vehicle upon arrest yielded a plastic bag, containing four smaller plastic bags of cocaine. Continue reading
Filed under Section 8: Search & Seizure
R. v. Aucoin, 2012 SCC 66
The Appellant had been detained for two Motor Vehicle Act offences, namely using a license plate that was not registered to his vehicle and exceeding the legal blood alcohol limit. While detained, Aucoin was subject to a search which resulted in the finding of ecstasy and cocaine. He was convicted of possession of a controlled substance for the purpose of trafficking. Continue reading