The accused were arrested after police conducted a high-risk takedown of a parked vehicle based on an uncorroborated confidential informant tip alleging cocaine was inside.
Officers arrested the occupants at gunpoint and searched the vehicle, discovering cocaine and a loaded prohibited firearm.
The court held the police lacked reasonable and probable grounds to arrest or search, as the tip was vague, the source’s credibility was not established, and there was no meaningful corroboration.
The warrantless arrest and search breached the accused’s rights under ss. 8 and 9 of the Charter.
Applying the s. 24(2) framework from Grant, the court found the police conduct deliberate and serious and excluded the evidence, resulting in acquittals.
