E68| Case law classics. A residence, a ruse, a reaction & reasonable grounds for arrest.
Description
Provide your feedback here. Send me a Text Message.
In this episode, Mike discusses the BC Court of Appeal decision R. v. Vu, [1998] Docket: CA023384 (BCCA) where police suspected a man of dealing in illegal weapons but thought they did not have enough grounds for a warrant to search his house. Police then placed a phone call to the man telling him they had a search warrant and were on their way to his house. Police watched the man as he exited his house with a garbage bag, put it in his truck and drove way. He was subsequently arrested and his truck was searched, revealing illegal weapons, drugs, and jewelry. Could the police use the man’s response to the phone call as part of their reasonable grounds for arrest? Was the search of the truck lawful?
Here's Vu's sentence appeal if you're interested.
Thanks for listening! Feedback welcome at legalissuesinpolicing@gmail.com
United States
