Ontario Criminal


Criminal Law

Narcotic and drug control

Evidence

Reasonable and probable grounds for arrest were objectively established

Following 911 call, dispatch radioed officers with information of person with gun. Dispatch alerted officers that suspects had firearm and were in silver four-door Dodge sedan. Two occupants of vehicle were light-skinned black males who appeared to be under 24 years of age. Officer stopped Dodge sedan at issue and initiated high risk takedown. Officer handcuffed accused and told him that he was under arrest for possession of firearm. Accused was found to have marijuana and cocaine on his person. Accused brought unsuccessful application to have cocaine excluded from evidence. Accused was convicted of possession of cocaine for purpose of trafficking. Accused appealed decision to include evidence of cocaine. Appeal dismissed. When officers first encountered suspect vehicle, it was being driven at high rate of speed. Everything that officers saw was consistent with information that 911 callers had given. There was no reason to discount information. Officers had every reason to believe that occupants of suspect vehicle were in possession of handguns. Reasonable and probable grounds for arrest were objectively established.

R. v. Carelse-Brown (2016), 2016 CarswellOnt 19894, 2016 ONCA 943, K. Feldman J.A., E.E. Gillese J.A., and M.L. Benotto J.A. (Ont. C.A.).

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