Court of Appeal for Ontario

Date: 2018-10-11 Docket: C63986

Judges: Simmons, Rouleau and Huscroft JJ.A.

Between

Her Majesty the Queen Respondent

and

Andre Fabian Bollers Appellant

Counsel

Jonathan Dawe, as duty counsel Andre Fabian Bollers, appearing in person Andrew Hotke, for the respondent

Heard: October 1, 2018

Appeal Book Endorsement

[1] Duty counsel, on behalf of the appellant, argues that there were not objective grounds for the arrest of the appellant and that absent a lawful arrest, the gun found in his possession would not have been admitted into evidence.

[2] We reject this submission. At para. 39 of his reasons, the trial judge listed a constellation of factors that he concluded afforded both subjectively and objectively reasonable grounds for arrest. In light of the dynamic nature of the situation and the overall circumstances, we see nothing unreasonable about the trial judge's conclusion that a reasonable person with the officer's experience and background and making the same observations would conclude that the drug transaction had likely occurred prior to the two involved officers approaching the vehicle in which the appellant was a passenger.

[3] The conviction appeal is dismissed. The appellant abandoned his sentence appeal today. It is dismissed as abandoned.