The appellant was arrested without a warrant in the laundry room of his rooming house, which was part of the superintendent's dwelling.
A search incidental to arrest yielded narcotics.
The trial judge held the arrest was lawful as it did not occur in the appellant's dwelling house.
On appeal, the Court of Appeal held that the Feeney warrant requirement applies to third-party dwelling houses.
The police entry was based on invalid consent obtained through trickery.
The Court found the appellant had standing to challenge the arrest because his own s. 8 Charter rights were engaged by the subsequent search.
The appeal was allowed, the evidence excluded, and an acquittal entered.
