R. v. Abdullahi

R. v. Abdullahi

The vehicle stop and subsequent detention and search by Cst. Espinosa were unlawful and violated ss.8, 9 and 10 of the Charter; the ITO lacked evidence that it had been sworn and contained material that either derived from the unlawful stop or was false, misleading or conclusory and must be excised; absent the tainted material the warrants could not be supported and the evidence obtained during the police stop and the residential searches must be excluded under s.24(2).

Citation
2020 BCSC 1822
Parties
Crown: Regina; Accused: Suleiman Mohamed Abdullahi; Accused: Ahmed Ali Ismail
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
11 September 2020
Procedural Posture
Criminal / Voir Dire (pre Trial Charter and Warrant Challenge)
Outcome
Voir dire ruling: stop, detention and searches unlawful; search warrants invalid; evidence excluded.
Legal Topics
Charter S.8 Search and Seizure, Charter S.9 Arbitrary Detention, Charter S.10 Right to Counsel, Charter S.24(2) Exclusion of Evidence, Vehicle Stops, Search Warrants, Information to Obtain Oath Requirement, Racial Profiling
Source Language
English
Criminal Law Constitutional Law Evidence Law Procedural Law Charter S.8 Search and Seizure Charter S.9 Arbitrary Detention Charter S.10 Right to Counsel Charter S.24(2) Exclusion of Evidence +4 more

Case Brief

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Parties

Regina

Crown

Suleiman Mohamed Abdullahi

Accused

Ahmed Ali Ismail

Accused

Procedural Posture

Criminal / Voir Dire (pre Trial Charter and Warrant Challenge)

Legal Issues

  1. 1 Lawfulness of police vehicle stop and ensuing detention/arrest
  2. 2 Lawfulness of search of vehicle and occupants
  3. 3 Admissibility of evidence obtained from vehicle stop

Ratio Decidendi

The vehicle stop and subsequent detention and search by Cst. Espinosa were unlawful and violated ss.8, 9 and 10 of the Charter; the ITO lacked evidence that it had been sworn and contained material that either derived from the unlawful stop or was false, misleading or conclusory and must be excised; absent the tainted material the warrants could not be supported and the evidence obtained during the police stop and the residential searches must be excluded under s.24(2).

Court Disposition

Voir dire ruling: stop, detention and searches unlawful; search warrants invalid; evidence excluded.

Orders

  • Exclude evidence obtained during the police stop, including evidence that the vehicle was driven by Suleiman Mohamed Abdullahi, the identity and description of his passengers, description of the knife, and all photographs taken by Cst. Espinosa during the police stop.
  • Exclude all items seized during the police search of the two residences (7253 124A Street and 12305 84 Avenue) as obtained pursuant to invalid warrants and/or as fruit of Charter breaches.