The accused was arrested after police stopped a vehicle in which he was a passenger and found him in possession of crack cocaine, marijuana, and oxycodone.
Police officers, acting on suspicion of a drug transaction observed at a known drug house, conducted an investigative detention.
During the detention, the officer forcefully removed the accused from the vehicle and threw him to the ground, exposing narcotics in his underwear.
The central issue was whether the officer's actions violated the accused's Charter rights under sections 8, 9, and 10(b), and if so, whether the evidence should be excluded.
The court found that the officer's conduct constituted a de facto arrest without reasonable and probable grounds, an unreasonable search, and a violation of the right to counsel.
The evidence was excluded, resulting in an acquittal.
