R. v. Baddock

R. v. Baddock

The arrest was supported by objectively reasonable and probable grounds because the informant's information was validated by a telephone operation that resulted in a drug transaction, the arrival and conduct of the white vehicle matched the operation and timing, and the officer observed the accused's phone receiving a call; therefore the ensuing search was a lawful search incident to arrest and the seized evidence is admissible.

Citation
2006 BCSC 2080
Parties
Crown: Regina; Defendant: Christopher Lee Baddock
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 March 2006
Procedural Posture
Criminal / Voir Dire (admissibility of Evidence)
Outcome
Search upheld as lawful and evidence seized from the vehicle admitted
Legal Topics
Reasonable and Probable Grounds, Informant Reliability, Vehicle Search Incident to Arrest, Exclusion of Evidence Under S.24(2)
Source Language
English
Criminal Law Search and Seizure Evidence Charter of Rights and Freedoms Reasonable and Probable Grounds Informant Reliability Vehicle Search Incident to Arrest Exclusion of Evidence Under S.24(2)

Case Brief

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Parties

Regina

Crown

Christopher Lee Baddock

Defendant

Procedural Posture

Criminal / Voir Dire (admissibility of Evidence)

Legal Issues

  1. 1 Whether there were objectively reasonable and probable grounds for arrest
  2. 2 Whether the search of the vehicle was lawful as incident to arrest
  3. 3 Whether evidence seized should be excluded under Charter s.24(2)

Ratio Decidendi

The arrest was supported by objectively reasonable and probable grounds because the informant's information was validated by a telephone operation that resulted in a drug transaction, the arrival and conduct of the white vehicle matched the operation and timing, and the officer observed the accused's phone receiving a call; therefore the ensuing search was a lawful search incident to arrest and the seized evidence is admissible.

Court Disposition

Search upheld as lawful and evidence seized from the vehicle admitted

Orders

  • Admit evidence seized in the vehicle; deny exclusion under Charter s.24(2)