The short answer is “Yes” according to retired Court of Queen’s Bench Justice M.A. Binder. “The fact of the matter is that it is unlawful to carry out a warrantless search under the guise of a curfew check,” he wrote. Binder’s decision (view PDF) came in response to a complaint against Edmonton Police Service Sgt. Ashley Hayward, in which he ruled Hayward violated the … [Read more...]
More Thoughts on R. v. Iniguez and Our Charter Rights
The R. v. Iniguez decision interests me for a whole host of reasons, not the least of which are the ramifications it could mean for 200,000+ licensed firearm owners whose guns our government wants to confiscate and destroy. I’ll get to that shortly. First, let’s dive into the more fascinating aspects of this decision. Note: If you haven't done so already, I encourage … [Read more...]
Warrantless Search Sets Illegal Sub-Machine Gun Owner Free
Elvis Iniguez is a free man today because the Toronto Police Services violated his Charter rights. They searched his home without a warrant and without his informed consent. The question we must ask is, “Did the judge make the correct decision?” I believe Ontario Superior Court Justice Heather McArthur made the correct decision based on the facts presented to … [Read more...]
Judge to RCMP: Citizens have Rights. You violated them. Case Dismissed.
In what is becoming a trend across Canada, judges are having less and less patience with police forces who illegally search a person’s vehicle, residence or person. The latest case involves two people who [allegedly] have known gang affiliations in Burnaby, BC. Damion Ryan and Theresa Latham faced a total of 30 gun charges after police searched their home after responding … [Read more...]
Castle Doctrine Rebounds in Indiana after stupid Indiana State Supreme Court ruling
The Indiana State Supreme Court made a ridiculous ruling last year in Barnes v. State (May 12, 2011). That decision said that Indiana state residents had no right to obstruct illegal police invasions of their homes. Folks who actually comprehend the Rights and Freedoms declared in the Magna Carta were up in arms (pun intended) over the ruling that essentially overturned … [Read more...]
Ottawa Police threaten to take her son away unless she consents to search. Justice Heidi Polowin rules that’s okay.
There are days that our [alleged] justice system makes me want to puke. Today is one of those days. In a ruling that baffles my brain, Ontario Superior Court Justice Heidi Polowin ruled that despite being “ganged up on” and threatened by police and a Children’s Aid Society worker that they would take away her one-year-old son, the resulting illegal search, called a … [Read more...]
Another Illegal RCMP Search tossed out of court
Dwayne Carron was being pretty dumb. He was caught speeding. And not just “speeding”… but speeding 65 kms over the posted speed limit. That’s just begging for trouble, and trouble is exactly what Mr. Carron got. He was pulled over by Constable Allan Douglas Roberts, who proceeded to illegally search Mr. Carron’s vehicle, first by reaching into the glove box searching for … [Read more...]
Before Crown can get convictions, Police must Stop Illegal Searching
Sophon Sek is not the kind of guy most girls would bring home to mom. It is alleged by police that he's a gang member and drug dealer, and he's currently facing manslaughter charges in relation to the Surrey Six murder case a few years back, where two innocent bystanders were murdered during a gang hit. But bad guy or not, he, just like the rest of us, actually has the … [Read more...]