E123| Did arrest of wrong man make it unlawful?
Description
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In this episode, Mike discusses the Alberta Court of Appeal decision R. v. Araya, 2025 ABCA 61 where police mistakenly arrested the wrong man for robbery. When the man was searched, police found a loaded handgun in the satchel he was carrying. Did the mistaken identity render the arrest unlawful? Or did the officer still have reasonable grounds for arrest even though it turned out he arrested the wrong person? Find out what the appeal court ruled on this matter and other issues such as (1) whether an imminent threat was required before police could search the satchel and (2) whether delaying access to counsel before a search warrant could be executed was justified.
Other related cases:
- R. v. Araya, 2022 ABCJ 261 (voir dire)
- R. v. Araya, 2023 ABCJ 174 (decision)
- R. v. Araya — Supreme Court of Canada leave dismissal
- R. v. Lugela, 2023 ABCJ 176 (voir dire)
- R. v. Lugela, 2023 ABCJ 288 (decision)
- R. v. Lugela, 2024 ABCJ 74 (sentencing)
- R. v. Lugela, 2025 ABCA 194 (appeal)
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