Section 8: Search & Seizure
R. v. Kang-Brown, 2008 SCC 18
In a complex and divided decision, the Supreme Court of Canada considered the constitutionality of using sniffer dogs to confirm a police officer’s suspicion that a suspect is in possession of narcotics. Continue reading
R. v. Clayton, 2007 SCC 32
Police responded to a late-night 911 call, reporting that approximately ten “black guys” were openly brandishing handguns in a strip club parking lot. Four vehicles were also described. A road block was quickly set up in order to interview potential suspects leaving the parking lot. One of the vehicles pulled over by the police (which did not match the description of those mentioned in the 911 call) contained two black males who were questioned. One of the suspects exited the vehicle and tried (unsuccessfully) to escape. Police subsequently searched both suspects and found them to be in possession of prohibited handguns. Continue reading
R. v. Tessling, [2004] 3 S.C.R. 432
The RCMP began investigating the accused, Walter Tessling, after receiving tips from two informants that he may be producing and/or trafficking in marijuana. In the course of its investigation, the RCMP monitored Mr. Tessling’s home using an aircraft equipped with Forward Looking Infra-Red (“FLIR”) technology. Continue reading
Filed under Section 8: Search & Seizure
R. v. Mann, [2004] 3 S.C.R. 59
The accused, Philip Henry Mann, had been placed under investigative detention by police on the grounds that he matched the description of a break and enter suspect. While under investigative detention, he submitted to a pat down search for weapons, and police proceeded to search his pockets, ultimately finding a bag of marijuana. It soon became apparent that Mr. Mann had no connection to the alleged break and enter for which he was initially detained. Continue reading
R. v. Buhay, [2003] 1 SCR 631
The accused, Mervyn Allen Buhay, rented a locker at a bus depot in Winnipeg. When employees at the depot smelled marijuana emanating from the locker, they opened it with a master key and discovered a duffel bag containing marijuana. They subsequently called the police, who performed a warrantless search of the locker, and arrested the accused upon his return. Continue reading
R. v. Caslake, [1998] 1 S.C.R. 51
The accused, Terence Lawrence Caslake, was lawfully arrested for possession of marijuana for the purpose of trafficking. Several hours later, an RCMP officer conducted an inventory search of Mr. Caslake’s vehicle, without obtaining a warrant, and discovered some cash along with two packages of cocaine. Continue reading
R. v. Belnavis, [1997] 3 S.C.R. 341
The police stopped a car for speeding. When the driver could not produce adequate documentation, they proceeded to search the car, and located a number of garbage bags containing new clothing with price tags attached. As a result of this discovery, both the driver and passenger in the car were charged with possession of stolen property. Both accused argued that the search of the vehicle was unreasonable, and that their Section 8 rights had been violated as a result. Continue reading
R. v. Feeney, [1997] 2 S.C.R. 13
In R. v. Feeney, the Supreme Court of Canada overturned the Michael Feeney’s conviction for second degree murder on the basis that the police had unlawfully entered his home without a warrant, and obtained evidence from him without informing him of his right to counsel. Continue reading
R. v. Stillman, [1997] 1 SCR 607
The 17-year-old accused, William Wayne Dale Stillman, was suspected of first degree murder. His alleged victim was found with semen in her vagina, a human bite mark on her body, and blows to her head which resulted in her death. After Mr. Stillman was taken into custody, his lawyers indicated that he was not willing to give a statement or consent to the taking of any hair samples or other bodily evidence. Continue reading
R. v. Edwards, [1996] 1 S.C.R. 128
Police suspected the accused, Calhoun Edwards, of dealing drugs out of his car and believed that he stored drugs at his girlfriend’s apartment. When Edwards was arrested for driving while his license was suspended, the arresting officers witnessed him swallowing an object. He was taken into custody while police pursued a drug investigation. Continue reading
Filed under Section 8: Search & Seizure