R. v. K.C.F.

R. v. K.C.F.

The court found the police used excessive force by executing a forced hard entry without first knocking and announcing and without an individualized assessment of necessity; the Information to Obtain did not provide sufficient reasonable and probable grounds when assessed on the totality of the circumstances; the search therefore violated s.8 and the evidence seized from the apartment was excluded under s.24(2).

Citation
2004 NSPC 70
Parties
Crown: Her Majesty the Queen; Young Person/accused: F. (K.C.)
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
12 November 2004
Procedural Posture
Youth Criminal Possession for the Purpose of Trafficking / Voir Dire on Admissibility of Search Evidence
Outcome
Search declared unreasonable and in violation of s.8 of the Charter; evidence seized from the apartment excluded under s.24(2).
Legal Topics
S.8 Unreasonable Search and Seizure, Knock and Announce Common Law Rule, Search Warrant Sufficiency and Informant Reliability, S.24(2) Exclusion of Evidence, Police Use of Force During Searches
Source Language
English
Criminal Law Youth Justice Search and Seizure Constitutional Law (charter) Controlled Drugs and Substances Act S.8 Unreasonable Search and Seizure Knock and Announce Common Law Rule Search Warrant Sufficiency and Informant Reliability +2 more

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Parties

Her Majesty the Queen

Crown

F. (K.C.)

Young Person/accused

Procedural Posture

Youth Criminal Possession for the Purpose of Trafficking / Voir Dire on Admissibility of Search Evidence

Legal Issues

  1. 1 Whether forced hard entry without knock and announce violated s.8 of the Charter
  2. 2 Whether the Information to Obtain established reasonable and probable grounds for the search warrant
  3. 3 Whether the search warrant's failure to specify the drug rendered it deficient

Ratio Decidendi

The court found the police used excessive force by executing a forced hard entry without first knocking and announcing and without an individualized assessment of necessity; the Information to Obtain did not provide sufficient reasonable and probable grounds when assessed on the totality of the circumstances; the search therefore violated s.8 and the evidence seized from the apartment was excluded under s.24(2).

Court Disposition

Search declared unreasonable and in violation of s.8 of the Charter; evidence seized from the apartment excluded under s.24(2).

Orders

  • Evidence seized from the apartment is excluded from the Crown's case pursuant to s.24(2) of the Charter
  • Voir dire decision that the search violated the young person's s.8 Charter rights