The accused brought a Charter application to exclude two handguns found in his pockets during a search incident to arrest.
The arresting officer arrested the accused based on his association with a target of a firearms investigation and his departure from an apartment building shortly after tactical officers arrived to execute a search warrant.
The court found the officer lacked reasonable and probable grounds to arrest, rendering the arrest unlawful and violating s. 9 of the Charter.
Consequently, the search incident to arrest violated s. 8.
Applying the Grant framework, the court excluded the firearms under s. 24(2), finding the police conduct was negligent and significantly impacted the accused's liberty and privacy interests.
