R. v. De Paolis

R. v. De Paolis

Arrest was unlawful because observed residue and demeanour did not amount to objectively reasonable grounds that the accused was in the act of possessing a narcotic; searches incidental to that arrest were therefore unreasonable under s.8; given the seriousness and impact of the Charter breaches and society's...

Source-derived case information.

Citation
2017 BCSC 2531
Parties
Crown: Regina; Accused: Giordano Martin De Paolis
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
2 November 2017
Procedural Posture
Criminal / Voir Dire (charter)
Outcome
Seized evidence excluded under s.24(2) of the Charter; accused acquitted on both counts
Legal Topics
Arrest, Investigative Detention, Search Incidental to Arrest, Section 10 Charter, Section 8 Charter, Section 24(2) Charter, Controlled Drugs and Substances Act
Source Language
english
Criminal Law Constitutional Law Charter Rights Search and Seizure Arrest Investigative Detention Search Incidental to Arrest Section 10 Charter +3 more

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Parties

Regina

Crown

Giordano Martin De Paolis

Accused

Procedural Posture

Criminal / Voir Dire (charter)

Legal Issues

  1. 1 Whether the arrest under s.495 Criminal Code was lawful
  2. 2 Whether searches of person and vehicle were authorized as incidental to arrest
  3. 3 Whether s.10 Charter rights were infringed

Ratio Decidendi

Arrest was unlawful because observed residue and demeanour did not amount to objectively reasonable grounds that the accused was in the act of possessing a narcotic; searches incidental to that arrest were therefore unreasonable under s.8; given the seriousness and impact of the Charter breaches and society's interests, exclusion under s.24(2) was mandated, requiring exclusion of the seized evidence and resulting acquittal.

Court Disposition

Seized evidence excluded under s.24(2) of the Charter; accused acquitted on both counts

Orders

  • Evidence seized from the accused and his vehicle excluded under s.24(2) of the Charter of Rights and Freedoms
  • Acquittal entered on both counts (possession of cocaine for purposes of trafficking; possession of MDMA)