The applicant, Cody McNeil, brought an application challenging the lawfulness of a search incident to his arrest for trespassing, arguing a breach of his s. 8 Charter rights and seeking exclusion of seized drugs (cannabis and methamphetamine) under s. 24(2).
Police arrested McNeil for trespassing after he re-entered a building from which he was banned.
During a search conducted in a secure police office, drugs were found.
The court found the initial search for officer safety was justified given the location's history of criminal activity and McNeil's criminal record, which included a weapons conviction.
The subsequent discovery of methamphetamine provided new grounds for arrest and justified the continuation of the search.
The application to exclude evidence was dismissed.
