R. v. Hunter

R. v. Hunter

On the totality of the information available to the lead officer (reliable confidential source information, surveillance corroboration and the arrest of Pham with large cash), the arrest of Hunter was supported by reasonable and probable grounds and the officers reasonably believed a large quantity of drugs and risk of evidence destruction existed such that exigent circumstances justified a warrantless protective sweep pending a telewarrant; therefore there was no breach of ss.8 or 10 of the Charter.

Citation
2014 BCSC 1492
Parties
Crown: Regina; Accused: Shae Alexander Hunter
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
24 January 2014
Procedural Posture
Criminal / Voir Dire on Arrest and Warrantless Search
Outcome
No breach of section 8 or section 10 of the Canadian Charter of Rights and Freedoms found
Legal Topics
Section 8 Charter, Section 10 Charter, Reasonable and Probable Grounds, Exigent Circumstances, Warrantless Entry
Source Language
English
Criminal Law Charter Law Search and Seizure Evidence Section 8 Charter Section 10 Charter Reasonable and Probable Grounds Exigent Circumstances +1 more

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Parties

Regina

Crown

Shae Alexander Hunter

Accused

Procedural Posture

Criminal / Voir Dire on Arrest and Warrantless Search

Legal Issues

  1. 1 Whether police had reasonable and probable grounds to arrest the accused on Jan 13, 2012
  2. 2 Whether the warrantless sweep/entry of 155 Strickland was justified by exigent circumstances pending a telewarrant
  3. 3 Whether the arrest of a third party (Pham) by police created the exigent circumstances alleged by Crown

Ratio Decidendi

On the totality of the information available to the lead officer (reliable confidential source information, surveillance corroboration and the arrest of Pham with large cash), the arrest of Hunter was supported by reasonable and probable grounds and the officers reasonably believed a large quantity of drugs and risk of evidence destruction existed such that exigent circumstances justified a warrantless protective sweep pending a telewarrant; therefore there was no breach of ss.8 or 10 of the Charter.

Court Disposition

No breach of section 8 or section 10 of the Canadian Charter of Rights and Freedoms found

Orders

  • Charter application dismissed
  • Protective sweep and arrest upheld; no remedy granted