R. v. Brown, Lambrecht and Manuel

R. v. Brown, Lambrecht and Manuel

Evidence (cash and heroin) discovered as a consequence of Mr. Brown's unlawful arrest could not be relied on to establish reasonable grounds for the subsequent warrantless arrests of Mr. Manuel and Mr. Lambrecht; absent that evidence the arrests were unlawful and violated s.9 of the Charter.

Source-derived case information.

Citation
2014 BCSC 1872
Parties
Crown: Regina; Accused: Errol Allan Brown; Accused: Joshua David Lambrecht; Accused: Daryl Gordon Manuel
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
2 October 2014
Procedural Posture
Criminal Voir Dire (arrest Without Warrant) / Ruling No. 2 Oral Reasons for Judgment
Outcome
The respective arrests of Mr. Lambrecht and Mr. Manuel were declared unlawful and found to violate their s.9 Charter rights.
Legal Topics
Arrest Without Warrant, Reasonable Grounds, Unlawfully Obtained Evidence, Section 495 Criminal Code, Section 9 Charter
Source Language
english
Criminal Law Constitutional Law Search and Seizure Arrest Without Warrant Reasonable Grounds Unlawfully Obtained Evidence Section 495 Criminal Code Section 9 Charter

Source-derived case record

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Parties

Regina

Crown

Errol Allan Brown

Accused

Joshua David Lambrecht

Accused

Daryl Gordon Manuel

Accused

Procedural Posture

Criminal Voir Dire (arrest Without Warrant) / Ruling No. 2 Oral Reasons for Judgment

Legal Issues

  1. 1 Whether evidence discovered as a consequence of an unlawful arrest can be considered in establishing reasonable grounds for subsequent warrantless arrests
  2. 2 Whether the arrests of Mr. Manuel and Mr. Lambrecht were lawful and compliant with s.9 of the Charter

Ratio Decidendi

Evidence (cash and heroin) discovered as a consequence of Mr. Brown's unlawful arrest could not be relied on to establish reasonable grounds for the subsequent warrantless arrests of Mr. Manuel and Mr. Lambrecht; absent that evidence the arrests were unlawful and violated s.9 of the Charter.

Court Disposition

The respective arrests of Mr. Lambrecht and Mr. Manuel were declared unlawful and found to violate their s.9 Charter rights.

Orders

  • The arrests of Joshua David Lambrecht and Daryl Gordon Manuel on June 11, 2012 are declared unlawful.
  • Findings that each arrest violated the individual's s.9 Charter right not to be arbitrarily detained or imprisoned.