R. v. Miller

R. v. Miller

The arrest was objectively unreasonable under Criminal Code s.495(2) because less intrusive alternatives were available and the highway circumstances did not justify custodial arrest; the subsequent search was therefore unlawful under s.8 of the Charter, the breach was serious because it intruded into pockets where a high expectation of privacy exists, and under s.24(2) exclusion of the seized ecstasy and cocaine was required to protect the integrity of the administration of justice.

Citation
2006 NSPC 68
Parties
Crown: Her Majesty the Queen; Accused: Trevor Charles Miller
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
24 November 2006
Procedural Posture
Criminal (controlled Drugs and Substances Act) / Trial Voir Dire on Legality of Search
Outcome
Evidence seized (67 ecstasy tablets and 2.46 grams of cocaine) excluded under s.24(2) Charter as fruit of an unlawful s.8 search incidental to an objectively unreasonable arrest
Legal Topics
Charter S.8 (unreasonable Search and Seizure), Charter S.24(2) (exclusion of Evidence), Criminal Code S.495(2)(d) (arrest Without Warrant), Search Incidental to Arrest, Strip Search Standards, Possession for the Purpose of Trafficking
Source Language
English
Criminal Law Constitutional Law Evidence Law Search and Seizure Law Motor Vehicle Law Charter S.8 (unreasonable Search and Seizure) Charter S.24(2) (exclusion of Evidence) Criminal Code S.495(2)(d) (arrest Without Warrant) +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 7 Authorities cited 14 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Her Majesty the Queen

Crown

Trevor Charles Miller

Accused

Procedural Posture

Criminal (controlled Drugs and Substances Act) / Trial Voir Dire on Legality of Search

Legal Issues

  1. 1 Whether the arrest under the Motor Vehicle Act was lawful
  2. 2 Whether the search incidental to that arrest violated s.8 of the Charter
  3. 3 Whether the drugs seized should be excluded under s.24(2) of the Charter

Ratio Decidendi

The arrest was objectively unreasonable under Criminal Code s.495(2) because less intrusive alternatives were available and the highway circumstances did not justify custodial arrest; the subsequent search was therefore unlawful under s.8 of the Charter, the breach was serious because it intruded into pockets where a high expectation of privacy exists, and under s.24(2) exclusion of the seized ecstasy and cocaine was required to protect the integrity of the administration of justice.

Court Disposition

Evidence seized (67 ecstasy tablets and 2.46 grams of cocaine) excluded under s.24(2) Charter as fruit of an unlawful s.8 search incidental to an objectively unreasonable arrest

Orders

  • Drugs seized from Trevor Charles Miller (Exhibits identified as 67 ecstasy tablets and 2.46 grams powder cocaine) are excluded from evidence pursuant to s.24(2) of the Charter
  • Ruling that the arrest was invalid and the subsequent search unreasonable under s.8 of the Charter