The applicant, Mohamed Abdul-Hamid, brought a Charter application under ss. 8, 9, and 24(2) to exclude a kilogram of cocaine found in his vehicle following a gunpoint arrest.
The police had conducted surveillance based on confidential informant tips regarding a co-accused, Michele Santonato, and observed a suspected drug transaction involving a shoebox handed off by another co-accused, Christopher Italiano, to the applicant.
The court found that the police had reasonable and probable grounds to arrest the applicant based on the totality of the circumstances, including the informant tips and police surveillance.
The court also held that the subsequent search of the applicant's vehicle was a valid search incident to arrest.
The Charter applications were dismissed.
