R .v. Anderson

R .v. Anderson

Given objectively and subjectively reasonable grounds—initial reasonable suspicion of a revoked driver and subsequent confirmation via police data of extensive violent history and involvement in serious investigations—the officers were justified in detaining the driver and conducting a limited pat-down for officer safety; the pat-down was minimally intrusive and discovered a loaded .22 revolver, and even if a Charter breach had occurred the Grant factors support admitting the firearm under s.24(2).

Citation
2019 NSPC 29
Parties
Crown: Her Majesty the Queen; Defendant: Rakeem Rayshon Anderson
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
17 June 2019
Procedural Posture
Criminal / Blended Voir Dire and Decision on Admissibility and Verdict
Outcome
Evidence admitted; defendant found guilty on counts 1,2,3,4 and 6; judicial stays entered on counts 5 and 7.
Legal Topics
Investigative Detention, Officer Safety Pat Down Search, Search and Seizure (charter S.8), Arbitrary Detention (charter S.9), Exclusion of Evidence (charter S.24(2)), Motor Vehicle Checkpoints, Firearm Offences
Source Language
English
Criminal Law Constitutional Law Administrative/traffic Law Evidence Law Investigative Detention Officer Safety Pat Down Search Search and Seizure (charter S.8) Arbitrary Detention (charter S.9) +3 more

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Parties

Her Majesty the Queen

Crown

Rakeem Rayshon Anderson

Defendant

Procedural Posture

Criminal / Blended Voir Dire and Decision on Admissibility and Verdict

Legal Issues

  1. 1 Whether police had grounds for an investigative detention of the driver
  2. 2 Whether the pat-down search for officer safety was lawful
  3. 3 Whether the firearm evidence should be excluded under s.24(2) of the Charter

Ratio Decidendi

Given objectively and subjectively reasonable grounds—initial reasonable suspicion of a revoked driver and subsequent confirmation via police data of extensive violent history and involvement in serious investigations—the officers were justified in detaining the driver and conducting a limited pat-down for officer safety; the pat-down was minimally intrusive and discovered a loaded .22 revolver, and even if a Charter breach had occurred the Grant factors support admitting the firearm under s.24(2).

Court Disposition

Evidence admitted; defendant found guilty on counts 1,2,3,4 and 6; judicial stays entered on counts 5 and 7.

Orders

  • Count 1 guilty: Transporting a restricted weapon contrary to Criminal Code s.86(1)
  • Count 2 guilty: Carrying a concealed weapon contrary to Criminal Code s.90(1)