R. v. Clarke

R. v. Clarke

The arrest was lawful under Criminal Code s.495(1)(b): the arresting officer was contemporaneously present, honestly believed she observed a hand-to-hand exchange outside a known drug house that could indicate the accused took possession of a narcotic, and on the totality of circumstances a reasonable person could conclude the accused may have been found committing an offence; therefore the search incident to that lawful arrest did not violate s.8, detention was not arbitrary under s.9, and the seized cocaine was admissible (motion to exclude denied).

Citation
2010 NSPC 93
Parties
Crown: Her Majesty the Queen; Accused: Kimberly Anne Marie Clarke
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
8 November 2010
Procedural Posture
Criminal (cdsa Possession) / Voir Dire (pre Trial Evidence Exclusion)
Outcome
Motion to exclude evidence denied; arrest found lawful under s.495(1)(b); evidence admitted at trial
Legal Topics
Arrest Without Warrant S.495(1)(a)/(b), Search Incident to Arrest, Section 8 Unreasonable Search, Section 9 Arbitrary Detention, Section 24(2) Exclusion of Evidence, Found Committing Standard
Source Language
English
Criminal Law Constitutional Law Evidence Law Search and Seizure Police Powers/arrest Law Arrest Without Warrant S.495(1)(a)/(b) Search Incident to Arrest Section 8 Unreasonable Search +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 18 Party arguments 2
Sign in to unlock

Parties

Her Majesty the Queen

Crown

Kimberly Anne Marie Clarke

Accused

Procedural Posture

Criminal (cdsa Possession) / Voir Dire (pre Trial Evidence Exclusion)

Legal Issues

  1. 1 Whether the arrest was authorized under Criminal Code s.495(1)(b) or s.495(1)(a)
  2. 2 Whether the search incident to arrest violated s.8 of the Charter
  3. 3 Whether the detention was arbitrary under s.9 of the Charter

Ratio Decidendi

The arrest was lawful under Criminal Code s.495(1)(b): the arresting officer was contemporaneously present, honestly believed she observed a hand-to-hand exchange outside a known drug house that could indicate the accused took possession of a narcotic, and on the totality of circumstances a reasonable person could conclude the accused may have been found committing an offence; therefore the search incident to that lawful arrest did not violate s.8, detention was not arbitrary under s.9, and the seized cocaine was admissible (motion to exclude denied).

Court Disposition

Motion to exclude evidence denied; arrest found lawful under s.495(1)(b); evidence admitted at trial

Orders

  • Motion to exclude evidence under s.24(2) denied
  • Seized evidence (piece of cocaine in tin foil) admissible at trial