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The court dismissed a Charter challenge to police “breach and hold” entries during search-warrant execution, finding the manner of entry reasonable on the facts known to police.
Given the citizen report, the accused's groggy condition and apparent attempt to operate the vehicle, the officers reasonably and objectively believed there was an immediate risk to public and officer safety; exigent circumstances and investigative detention authority justified entry into the vehicle, seizure of keys and plain view seizure of pepper spray, lawful arrest for possession of a prohibited weapon, and subsequent searches incident to arrest; no breach of ss.8 or 9 was established and the evidence is admissible.
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Appeal from an assault conviction by a police officer. The court held the trial judge erred by not considering s. 495(3) of the Criminal Code and ordered a new trial.
Majority: The officer’s minimal insertion of his head/hand with a flashlight into the open window of a lifted truck at night constituted a lawful visual inspection, the unsheathed knife was in plain view and its discovery was inadvertent, and the totality of circumstances provided objectively reasonable and probable grounds to arrest for possession of a weapon dangerous to the public peace; searches incident to that lawful arrest and seizure of cocaine were lawful and admissible, so the appeal is dismissed.
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The Court of Appeal upheld convictions, finding the youth was not detained until police developed a justified safety concern, and admitting the evidence would not discredit justice.
The British Columbia Court of Appeal dismissed Jason Snider’s appeal, upholding the search warrants, the officer-safety entry into a shed, and the conviction.
On the facts the trial judge reasonably found no psychological or arbitrary detention because there was no evidence the appellant submitted or acquiesced to a police command; alternatively the officers had reasonable suspicion to detain and the pat‑down was justified for officer safety, so there was no breach of ss.8 or 9 of the Charter and the convictions stand.
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On a voir dire, the court held police lawfully detained the accused, the truck door opening was justified, and the seized drugs and firearms were admissible.
Voir dire dismissed in R. v. Parchment. The court held the field strip search and seizure of narcotics were reasonable under s. 8 and Golden.
The court excluded drugs and related items after finding Gary Kenton Tombs was arbitrarily detained when ordered from a vehicle without reasonable grounds.
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