R. v. Luong

R. v. Luong

The court held that, viewed objectively in the context of the officers' training and accumulated observations, the pattern of conduct observed furnished reasonable and probable grounds to arrest Mr. Luong; because the arrest was lawful the subsequent search of the vehicle as incidental to arrest was lawful and the...

Source-derived case information.

Citation
2007 BCSC 2021
Parties
Crown: Regina; Accused: Kiet Vinh Luong
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
25 September 2007
Procedural Posture
Criminal / Voir Dire (pre Trial Admissibility of Evidence)
Outcome
Arrest lawful; vehicle search incidental to arrest lawful; evidence admissible.
Legal Topics
Reasonable and Probable Grounds for Arrest, Search Incidental to Arrest, Warrantless Vehicle Search, Surveillance and Dial a Dope Investigations, Use of Officer Experience in Objective Test
Source Language
english
Criminal Law Search and Seizure Arrest Law Evidence Admissibility Police Powers Charter S.8 Reasonable and Probable Grounds for Arrest Search Incidental to Arrest +3 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

Regina

Crown

Kiet Vinh Luong

Accused

Procedural Posture

Criminal / Voir Dire (pre Trial Admissibility of Evidence)

Legal Issues

  1. 1 Whether reasonable and probable grounds existed for Mr. Luong's arrest
  2. 2 Whether the search and seizure of items in the vehicle were lawful as incidental to arrest

Ratio Decidendi

The court held that, viewed objectively in the context of the officers' training and accumulated observations, the pattern of conduct observed furnished reasonable and probable grounds to arrest Mr. Luong; because the arrest was lawful the subsequent search of the vehicle as incidental to arrest was lawful and the seized items are admissible.

Court Disposition

Arrest lawful; vehicle search incidental to arrest lawful; evidence admissible.

Orders

  • Proposed exhibits to be put into trial are admissible; defence motion to exclude evidence dismissed.