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Charges of Firearms Trafficking, Careless Storage of a Firearm, Weapons Dangerous and Possession of Overcapacity Magazines all withdrawn just prior to trial. I.Z.’s home was searched pursuant to a Warrant issued on the primary basis of a confidential source’s information. Defence lawyer Joseph Neuberger, reviewed the Warrant, and the Information to Obtain, and sought source material. It was obvious very little was done by police to confirm the C.I.’s information. In fact, surveillance of I.Z. yielded nothing of probative value although the Justice issued the Warrant. Joseph Neuberger brought a Constitutional Challenge alleging a section 8 Search and Seizure breach such that the Warrant was deficient and provided insufficient grounds for a search. Just prior to trial, the crown conceded that the Warrant was thin and that there was no reasonable prospect of conviction on the charges. As a result all charges were withdrawn.
The Appellant was charged with Production of Marijuana and acquitted at trial, but the British Columbia Court of Appeal overturned the acquittal. The issue was whether the police needed a search warrant to search through a computer found in the grow op. The Court agreed with the CCLA argument that the police needed a search warrant before searching a computer.
On March 27, 2013 Allan Manson of Neuberger & Partners appeared in the Supreme Court of Canada to argue that the police should need a search warrant which names a computer if they intent to search a home for a computer and look through it.
Drug Charges withdrawn, and property seized under RCMP search warrants ordered returned on eve of Superior Court trial in Kingston after Neuberger & Partners brings extensive Charter Argument to quash 3 search warrants.
Challenge to Police Authority to Search a Vehicle without Warrant and Consent
Read the Court of Appeal Judgement
Charges of Fail to Comply Recognizance withdrawn before trial pursuant to defence counsel Stacey Nichols filing a Charter Application alleging a section 8 breach after police officers entered client’s premises without valid consent.
Client acquitted after a two day trial in the Ontario Court of Justice of Possession Stolen Property Over; Possession of Credit Cards and Credit Card Reader, Fraud . Charter Application to exclude evidence based on a violation of the client’s rights to be free from unreasonable search and seizure and detention was successful resulting in not guilty verdicts on all counts.
Client acquitted after five day trial in the Superior Court of Justice before Madame Justice Lowe on charges of Production of Marijuana, Possession for the Purpose of Trafficking in Marijuana . Charter Application to exclude evidence based on a violation of the client’s rights to be free from unreasonable search and seizure was successful resulting in not guilty verdicts on all counts.
Client acquitted after one week trial in the Superior Court of Justice before Mr. Justice McDougall of charges of Production of Marijuana, Possession for the Purpose of Trafficking, Proceeds of Crime . All evidence excluded on a successful Charter Application for violations of the client’s right to be free from unreasonable search and seizure and detention.
Charges of Production of Marijuana withdrawn in the Ontario Court of Justice after successful challenge to the authority of the police to search.
Past results are not necessarily indicative of future results and that the amount recovered and other litigation outcomes will vary according to the facts in individual cases.
