The accused, a bank teller charged with identity theft and fraud, brought Charter applications under ss. 8 and 10(b) and a Garofoli application to exclude evidence mid-trial.
The police arrested the accused in a parking lot and briefly searched his car to retrieve his wallet for identification, finding a sticky note with customer data.
The court held the search was a valid search incident to arrest and, alternatively, the evidence would not be excluded under s. 24(2).
The court also dismissed the Garofoli application, finding sufficient basis for the cell phone warrant even without the sticky note, and dismissed the s. 10(b) claim as the short delay in providing access to counsel at the nearby station was reasonable.
