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The court admitted video clips on a voir dire challenging an arrest, finding they were relevant to whether the arresting officer’s grounds were objectively reasonable.
Trial judge accepted officer's evidence that marihuana was visible in the appellant's open knapsack, providing lawful grounds for arrest; the subsequent search was incidental and reasonable; the appellant failed to prove a s.10(b) breach causally connected to obtaining the narcotics or to demonstrate prejudice sufficient to exclude the evidence under s.24(2); therefore convictions were upheld and appeal dismissed.
Source excerpt
The court held the arrest lawful and upheld the warrantless entry under s. 11(7) CDSA because the informant tip was corroborated and exigent circumstances existed.
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