The accused was charged with four counts of possessing controlled substances (cocaine, oxycodone, marihuana, heroin) for the purpose of trafficking and one count of carrying a concealed weapon.
The police arrested the accused for an alleged assault and subsequently searched him and a shoulder bag he dropped, finding drugs, a digital scale, cash, cell phones, and a concealed knife.
The accused brought a Charter application arguing arbitrary detention and unreasonable search and seizure.
The court dismissed the Charter application, finding the arrest for assault was lawful based on reasonable and probable grounds, and the subsequent searches were validly conducted incident to arrest.
Relying on expert police evidence regarding the indicia of drug trafficking, the court found the accused guilty on all counts.
