R. v. Doak

R. v. Doak

The arrest was lawful because the arresting officer independently identified the accused as the person leaving the property and, combined with prior surveillance information (hydro usage, odour and ownership links), those facts objectively connected the accused to the suspected grow operation and supplied reasonable and probable grounds; searches incidental to that lawful arrest were therefore reasonable and the information obtained could properly be included in the ITO, making the second warrant valid to authorize a search of the residence; the application to exclude evidence was dismissed.

Citation
2008 BCSC 1359
Parties
Crown: Regina; Accused: Sean William Doak
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 October 2008
Procedural Posture
Criminal / Voir Dire (pre Trial Ruling)
Outcome
Application dismissed
Legal Topics
Search Warrant Validity, Arrest Without Warrant, Section 8 Charter (unreasonable Search), Section 9 Charter (arbitrary Detention), Section 24(2) Charter (exclusion of Evidence), Production of Marihuana, Search Incidental to Arrest
Source Language
English
Criminal Law Charter Law Search and Seizure Evidence Search Warrant Validity Arrest Without Warrant Section 8 Charter (unreasonable Search) Section 9 Charter (arbitrary Detention) +3 more

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Parties

Regina

Crown

Sean William Doak

Accused

Procedural Posture

Criminal / Voir Dire (pre Trial Ruling)

Legal Issues

  1. 1 Whether arrest of accused without warrant was lawful under s.495(1)(a) of the Criminal Code and s.9 of the Charter
  2. 2 Whether searches incidental to that arrest were reasonable under s.8 of the Charter
  3. 3 Whether information obtained from the arrest and searches could properly be included in the Information to Obtain (ITO) for a second search warrant

Ratio Decidendi

The arrest was lawful because the arresting officer independently identified the accused as the person leaving the property and, combined with prior surveillance information (hydro usage, odour and ownership links), those facts objectively connected the accused to the suspected grow operation and supplied reasonable and probable grounds; searches incidental to that lawful arrest were therefore reasonable and the information obtained could properly be included in the ITO, making the second warrant valid to authorize a search of the residence; the application to exclude evidence was dismissed.

Court Disposition

Application dismissed

Orders

  • Evidence discovered from the search of the accused is admissible
  • Evidence discovered from the search of the vehicle is admissible