Dwayne Vernal was arrested and charged with drug trafficking after a search incident to arrest for assault with a weapon, assault, and threats.
He brought an application under sections 8, 9, and 24(2) of the Charter to challenge the lawfulness of his warrantless arrest and to exclude the seized drugs from evidence.
The court found that the arresting officers had both subjective and objective reasonable and probable grounds for the arrest, based on the complainant's description, surveillance footage, and the accused's identical clothing and location.
Consequently, the arrest and the subsequent search incident to arrest were lawful, and the seized evidence was admissible.
The application was dismissed.
