R. v. Luong

R. v. Luong

Considering the totality of the circumstances (observations by police, accused's prior convictions and short suspicious meetings), a reasonable officer would have had reasonable and probable grounds to arrest; impersonation of a flagger at a mock construction site to prevent ingestion of drugs did not amount to...

Source-derived case information.

Citation
2017 BCSC 1779
Parties
Crown: Regina; Accused: Cuong Huu Luong
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 August 2017
Procedural Posture
Criminal / Voir Dire
Outcome
Arrest lawful; manner of arrest not an abuse of process; seized drugs admitted into evidence
Legal Topics
Arrest Without Warrant, Reasonable and Probable Grounds, Search Incidental to Arrest, S.495 Criminal Code, S.24(2) Charter, Police Ruse/impersonation, Abuse of Process, Motor Vehicle Act S.141, Mischief S.430 Criminal Code
Source Language
english
Criminal Law Evidence Charter Law Police Powers Arrest Without Warrant Reasonable and Probable Grounds Search Incidental to Arrest S.495 Criminal Code +5 more

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Summary, issues, holding and outcome

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Parties

Regina

Crown

Cuong Huu Luong

Accused

Procedural Posture

Criminal / Voir Dire

Legal Issues

  1. 1 Whether arrest without warrant was supported by reasonable and probable grounds
  2. 2 Whether manner of arrest (police impersonating flaggers at mock construction site) amounted to abuse of process
  3. 3 Whether evidence seized incidental to arrest should be excluded under s.24(2) of the Charter

Ratio Decidendi

Considering the totality of the circumstances (observations by police, accused's prior convictions and short suspicious meetings), a reasonable officer would have had reasonable and probable grounds to arrest; impersonation of a flagger at a mock construction site to prevent ingestion of drugs did not amount to abuse of process; evidence seized incidental to the lawful arrest is admissible.

Court Disposition

Arrest lawful; manner of arrest not an abuse of process; seized drugs admitted into evidence

Orders

  • Drugs seized at arrest admitted into evidence
  • Voir dire concluded; trial to proceed on merits