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The Supreme Court held that police could approach a driveway and knock on a truck window under the implied licence, but opening the door was a s. 8 search.
The court upheld a protective pat-down during a dropped 911 call response, found no s. 8 or s. 9 breach, and dismissed the accused’s Charter application.
Given the totality of circumstances the officer had an objectively reasonable belief of an imminent threat to public and officer safety (including intelligence from other police, presence of children, impending release of control to a tow operator and high speed/unsafe driving), the warrantless search of the vehicle was justified as a safety search, the roadside detention was not arbitrary, and despite limited ss.10 breaches the admission of the firearm and ammunition under s.24(2) was appropriate; appeal dismissed.
Source excerpt
The court found Charter breaches under ss. 8, 9 and 10(b) after a cyclist stop, pat-down and arrest during a drug investigation, but found no s. 7 violation.
The court found no ss. 8 or 9 breach during a traffic stop, upheld a safety search of a gun case, and held that a s. 10(b) delay in counsel access did not exclude the evidence.
The Court of Appeal upheld a conviction after a vehicle console safety search found cocaine and MDMA, holding the search was governed by reasonable suspicion and was lawful.
Voir dire on drug-trafficking charges: the court upheld seizure of a black box in plain view, found no arbitrary detention or s.10(b) breach, and excluded most phone evidence under s.24(2).
The court held the initial police encounter was not a Charter detention, but the later pat-down was an unlawful detention. The clear plastic bag on the ground attracted no reasonable expectation of privacy.
The Court dismissed the appeal, concluding the trial judge correctly found the safety search unjustified given the officers' predetermination and lack of reasonable grounds to believe in imminent harm, and properly excluded the evidence under s.24(2); there was no basis to interfere.
Source excerpt
The British Columbia Court of Appeal upheld a firearm conviction, finding a lawful investigative detention and safety search of a man purse, and no reversible error in excluding the gun under s. 24(2).
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