The accused was arrested at gunpoint while walking with a known suspect who was believed to be armed.
The arresting officers lacked reasonable and probable grounds to arrest the accused, rendering the subsequent search incident to arrest unlawful and in violation of ss. 8 and 9 of the Charter.
Furthermore, the police violated the accused's s. 10(b) rights by conducting a strip search at the station without first providing him an opportunity to consult with counsel.
Applying the Grant framework, the court found the police conduct demonstrated a disturbing ignorance of Charter standards, and the cumulative effect of the breaches warranted the exclusion of the seized drugs and cash under s. 24(2).
