R. v. Johnston

R. v. Johnston

Initial forced entry through an unlocked side door to investigate a reported possible break and enter was reasonable, but continuation to search the second floor and open private bedroom doors lacked reasonable grounds and exceeded common law police powers, thereby infringing s.8 of the Charter; on balance under...

Source-derived case information.

Citation
2014 NSSC 131
Parties
Crown: Her Majesty the Queen; Defendant: George Thomas Johnston
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
24 March 2014
Procedural Posture
Criminal Controlled Drugs and Substances Act / Charter Motion (s.8 and S.24(2))
Outcome
Charter motion allowed in part: s.8 breach found as to the warrantless search of upstairs/bedrooms; evidence obtained from that part of the search excluded under s.24(2).
Legal Topics
Section 8 Charter Unreasonable Search, Section 24(2) Charter Exclusion of Evidence, Warrantless Entry, Exigent Circumstances, Police Common Law Powers
Source Language
english
Constitutional Law Criminal Law Search and Seizure Administrative/common Law Policing Powers Section 8 Charter Unreasonable Search Section 24(2) Charter Exclusion of Evidence Warrantless Entry Exigent Circumstances +1 more

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Parties

Her Majesty the Queen

Crown

George Thomas Johnston

Defendant

Procedural Posture

Criminal Controlled Drugs and Substances Act / Charter Motion (s.8 and S.24(2))

Legal Issues

  1. 1 Whether the warrantless search of 109 Peirce Street was unreasonable contrary to s.8 of the Charter
  2. 2 Whether evidence obtained as a result of that search should be excluded pursuant to s.24(2) of the Charter

Ratio Decidendi

Initial forced entry through an unlocked side door to investigate a reported possible break and enter was reasonable, but continuation to search the second floor and open private bedroom doors lacked reasonable grounds and exceeded common law police powers, thereby infringing s.8 of the Charter; on balance under s.24(2) admission of the evidence would bring the administration of justice into disrepute and the evidence obtained from the warrantless upstairs search is excluded.

Court Disposition

Charter motion allowed in part: s.8 breach found as to the warrantless search of upstairs/bedrooms; evidence obtained from that part of the search excluded under s.24(2).

Orders

  • Evidence obtained as a result of the warrantless upstairs search of 109 Peirce Street is excluded pursuant to s.24(2) of the Charter.