R. v. Tetreault

R. v. Tetreault

The cumulative effect of independent informant information, surveillance observations and corroborative seizures from third-party attendees established reasonable and probable grounds to arrest the accused for trafficking in cocaine; the subsequent search incident to that lawful arrest was reasonable and lawful and...

Source-derived case information.

Citation
2007 BCSC 1624
Parties
Crown: Regina; Accused: Michael David Tetreault
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 November 2007
Procedural Posture
Criminal Controlled Drugs and Substances Act Offences / Voir Dire (pre Trial Admissibility Ruling)
Outcome
Arrest lawful; search incidental to arrest lawful; drug evidence admissible; weapon count not proceeded with by Crown (no evidence).
Legal Topics
Arrest Without Warrant, Search Incidental to Arrest, Reasonable and Probable Grounds, Exclusion of Evidence Under S.24(2)
Source Language
english
Criminal Law Charter Rights Search and Seizure Arrest Without Warrant Search Incidental to Arrest Reasonable and Probable Grounds Exclusion of Evidence Under S.24(2)

Source-derived case record

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Parties

Regina

Crown

Michael David Tetreault

Accused

Procedural Posture

Criminal Controlled Drugs and Substances Act Offences / Voir Dire (pre Trial Admissibility Ruling)

Legal Issues

  1. 1 Whether police had reasonable and probable grounds to arrest the accused for trafficking in cocaine
  2. 2 Whether the warrantless search incidental to arrest was authorized by law and conducted reasonably under s.8 of the Charter
  3. 3 Whether evidence seized should be excluded under s.24(2) of the Charter

Ratio Decidendi

The cumulative effect of independent informant information, surveillance observations and corroborative seizures from third-party attendees established reasonable and probable grounds to arrest the accused for trafficking in cocaine; the subsequent search incident to that lawful arrest was reasonable and lawful and the seized evidence is admissible.

Court Disposition

Arrest lawful; search incidental to arrest lawful; drug evidence admissible; weapon count not proceeded with by Crown (no evidence).

Orders

  • Evidence seized during search admitted for trial.
  • Charge for possession of a prohibited weapon without a licence dismissed by Crown (no evidence).