Her Majesty the Queen v. Muller
[Indexed as: R. v. Muller]
Ontario Reports
Court of Appeal for Ontario,
Feldman, Watt and van Rensburg JJ.A.
November 7, 2014
122 O.R. (3d) 721 | 2014 ONCA 780
Case Summary
Charter of Rights and Freedoms — Arbitrary detention or imprisonment — Arrest — Police receiving tips from one informant of unknown reliability and another informant asserted to be reliable that a large black man was dealing drugs out of particular apartment — Police obtaining and executing search warrant for apartment but finding no one in apartment meeting informants' description of dealer — Police officers observing accused leaving apartment building when warrant was executed and discarding digital scale containing what appeared to be crack cocaine residue when approached by police — Accused matching general description of dealer — Information provided by informants in combination with officers' observations of accused giving police reasonable and probable grounds to arrest accused for possession of cocaine for purpose of trafficking — Arrest lawful.
Charter of Rights and Freedoms — Search and seizure — Strip search — Police having reasonable and probable grounds to arrest accused for possession of cocaine for purpose of trafficking — Accused discarding digital scale containing what appeared to be cocaine residue upon being approached by police — Frisk search uncovering three cellphones but no drugs — Police having reasonable and probable grounds to conduct strip search.
[Charter of Rights](https://www.canlii.org/en/ca/laws/stat/schedule-b-to