The accused were charged with possession of cocaine for the purpose of trafficking.
The police arrested the accused for an alleged breach of bail conditions, searched his vehicle incident to arrest, and found cocaine.
This discovery was used to obtain a search warrant for his home, where cash was found in a safe.
The court found the arrest was unlawful and arbitrary, the search of the vehicle was unreasonable, and the accused's right to counsel was violated.
Applying the Grant framework, the court excluded the drugs and cash under s. 24(2) of the Charter.
