R. v. Wadman

R. v. Wadman

Police lacked reasonable and probable grounds to effect an arrest before entering the accused's apartment and there were no exigent circumstances or valid hot pursuit that would justify warrantless entry; therefore the arrest and subsequent demand for breath were unlawful, evidence obtained was excluded under s.24(2) as Charter breaches, and the remaining admissible evidence was insufficient to prove impairment beyond a reasonable doubt, requiring an acquittal.

Citation
2004 NSPC 15
Parties
Crown: R.; Accused: Richard Wayne Wadman
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
5 March 2004
Procedural Posture
Criminal / Voir Dire and Acquittal Decision
Outcome
Acquittal - not guilty
Legal Topics
Impaired Driving, Hot Pursuit, Warrantless Entry, Search and Seizure, Arrest Without Warrant, Charter S.8 S.9 S.24
Source Language
English
Criminal Law Constitutional Law Police Procedure Impaired Driving Hot Pursuit Warrantless Entry Search and Seizure Arrest Without Warrant +1 more

Case Brief

Summary, issues, holding and outcome

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Parties

R.

Crown

Richard Wayne Wadman

Accused

Procedural Posture

Criminal / Voir Dire and Acquittal Decision

Legal Issues

  1. 1 Whether police had reasonable and probable grounds to arrest the accused prior to entering his dwelling
  2. 2 Whether the doctrine of hot pursuit or exigent circumstances justified warrantless entry into the accused's apartment
  3. 3 Whether evidence obtained after the warrantless entry violated sections 8 and 9 of the Charter

Ratio Decidendi

Police lacked reasonable and probable grounds to effect an arrest before entering the accused's apartment and there were no exigent circumstances or valid hot pursuit that would justify warrantless entry; therefore the arrest and subsequent demand for breath were unlawful, evidence obtained was excluded under s.24(2) as Charter breaches, and the remaining admissible evidence was insufficient to prove impairment beyond a reasonable doubt, requiring an acquittal.

Court Disposition

Acquittal - not guilty

Orders

  • Acquittal entered on the record
  • All evidence obtained after the unlawful entry and arrest, including statements and breath sample certificates, excluded pursuant to Charter s.24(2)