E67| Case law classics. Dialogue + ID ≠ detention.
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In this episode, Mike discusses the case law classic R. v. Poole, 2015 BCCA 464 where police — from inside their cruiser — spoke to a pedestrian standing on the street. After asking some questions and obtaining his name, he was checked on CPIC, which revealed an outstanding warrant for the man's arrest. Police stepped from their car, arrested the man and searched him, finding a loaded, cocked handgun in his pants. At just what point was the man detained? Was it — as the man claimed — when he was accosted by police and asked for his name? Or was it when the warrant was executed and he was actually arrested? Just when does an interaction with police morph into a detention triggering Charter rights under ss. 9 and 10?
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