The appellant was stopped at a random roadside check stop.
A police officer shone a flashlight into the vehicle and saw an open gym bag.
The officer questioned the appellant about the bag's contents and subsequently searched it, finding narcotics.
The Supreme Court of Canada held that the appellant was arbitrarily detained at the check stop and that the subsequent questioning and search of the bag, without reasonable and probable grounds, constituted an unreasonable search under s. 8 of the Charter.
The Court concluded that admitting the conscriptive real evidence would render the trial unfair and bring the administration of justice into disrepute under s. 24(2).
The appeal was allowed and the acquittal restored.
