R. v. Maki

R. v. Maki

The officer had an objectively reasonable basis to stop the vehicle because he observed excessive speed (142 km/h in a 90 km/h zone) and dangerous passing corroborated by video; the minimal movement of the door was not shown to be a search and in any event there was no Charter breach; taken cumulatively the...

Source-derived case information.

Citation
2022 BCSC 2512
Parties
Crown: Rex; Accused: Stephen Tosh Maki
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 December 2022
Procedural Posture
Criminal (indictment) / Voir Dire (charter Application)
Outcome
Charter application dismissed; arrest and subsequent search seized evidence found lawful
Legal Topics
Charter S.8 Search and Seizure, Charter S.9 Arbitrary Detention/arrest, Warrantless Arrest (criminal Code S.495), Plain View Doctrine, Motor Vehicle Act Stop
Source Language
english
Criminal Law Constitutional Law Evidence Search and Seizure Traffic Law Charter S.8 Search and Seizure Charter S.9 Arbitrary Detention/arrest Warrantless Arrest (criminal Code S.495) +2 more

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Parties

Rex

Crown

Stephen Tosh Maki

Accused

Procedural Posture

Criminal (indictment) / Voir Dire (charter Application)

Legal Issues

  1. 1 Whether the initial traffic stop was arbitrary (s.9)
  2. 2 Whether the officer's movement of the driver's door constituted an unlawful search (s.8)
  3. 3 Whether there were reasonable and probable grounds for a warrantless arrest

Ratio Decidendi

The officer had an objectively reasonable basis to stop the vehicle because he observed excessive speed (142 km/h in a 90 km/h zone) and dangerous passing corroborated by video; the minimal movement of the door was not shown to be a search and in any event there was no Charter breach; taken cumulatively the officer's observations (nervous behaviour, visible unsheathed knife and bear spray, evasive answers, vehicle registration facts) provided reasonable and probable grounds for a lawful warrantless arrest. The accused's s.8 and s.9 Charter application is dismissed.

Court Disposition

Charter application dismissed; arrest and subsequent search seized evidence found lawful

Orders

  • Accused's s.8 and s.9 Charter application dismissed
  • Arrest of Stephen Tosh Maki found lawful and evidence not excluded