The defendants, who faced multiple firearms and drug charges, applied to exclude evidence seized from a residence and a cell phone, arguing their Charter rights were violated.
The court determined that the warrantless arrest of one of the defendants was not supported by reasonable and probable grounds, making the subsequent search incident to arrest unlawful.
Additionally, the court found that the search warrants for both the residence and the cell phone lacked sufficient bases once unconstitutionally obtained and misleading information was excised.
Consequently, the court excluded all the seized evidence, including firearms and controlled substances, under section 24(2) of the Charter.
