Category: Search & Seizure

Category: Search & Seizure

Lack of probable cause leads to acquittal for convicted dealer

On behalf of Neuberger & Partners LLP posted in Uncategorized on Tuesday October 18, 2016.

Citizens of Ontario have a right to fair treatment at the hands of the law, regardless of who they are. The mere suspicion of wrong-doing is not justification for detention, or arrest. Unfortunately, that is exactly what happened to a Toronto man who was detained and searched without probable cause. On Aug. 21, 2008, Toronto Police officers stopped a man who had just parked his Jaguar near Parkdale Collegiate, in the...
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Search for drugs ruled unlawful: trafficking charges dropped

On behalf of Neuberger & Partners LLP posted in Uncategorized on Monday August 15, 2016.

Police officers must often rely on their instincts to tell them when something does not look right. Sometimes though, gut feelings need to be held in check by the letter of the law. Simple suspicion is not reason enough to detain a person without just cause. In the case of a search for drugs east of Toronto, a judge recently ruled in favour of a defendant when the search was deemed to be the...
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Seizing information found in smartphones

On behalf of Neuberger & Partners LLP posted in Uncategorized on Monday March 07, 2016.

Throughout the Greater Toronto Area, residents rely upon their cellphones for communication. Whether that communication takes the form of talking, texting or email, few who have smartphones can likely imagine going back to a time when they were not available to use. Their popularity has ramifications in many different parts of life including criminal investigations. Specifically, questions have arisen regarding what information contained within the phone is discoverable to law...
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Rules pertaining to collection of evidence in place for a reason

On behalf of Neuberger & Partners LLP posted in Uncategorized on Thursday January 14, 2016.

We have previously written about the important role evidence can play in establishing guilt or innocence related to a criminal charge. That evidence must be obtained in accordance with certain rules. Among other things, the evidence collected must not be overbroad. These rules are in place to protect the civil rights of residents of Ontario. Recently, an Ontario Superior Court judge ruled on a matter of this nature related to...
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Feedback provided to proposed carding rule

On behalf of Neuberger & Partners LLP posted in Uncategorized on Wednesday December 23, 2015.

In previous posts we have written about changes activists have sought related to law enforcement's practice of carding, in Toronto. In response, this past fall a draft regulation which is supposed to prohibit the arbitrary and random collection of identifying information by law enforcement officer, was released by Ontario's Ministry of Community Safety and Correctional Services. While their efforts were successful, some are concerned about how police officers would be able to...
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Planted evidence does not provide pretext needed for search

On behalf of Neuberger & Partners LLP posted in Uncategorized on Friday September 11, 2015.

When someone is suspected of engaging in an illegal activity, there are certain things that Toronto law enforcement officers can do to determine whether that is in fact what is going on. Under certain circumstances an officer can perform a search of a house or vehicle to get more information. To take this course of action there must be a pretext for that search. If there is not pretext, a search...
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Evidence obtained through wiretaps should be carefully scrutinized

On behalf of Neuberger & Partners LLP posted in Uncategorized on Saturday June 20, 2015.

When investigating drug trafficking or importation, law enforcement officers often try to piece together an additional charge of conspiracy. The investigative efforts that lead to conspiracy charges may involve wiretaps and other searches that require warrants. Any kind of police search must follow established protocol and not violate the Charter rights of the person or persons being investigated. If police improperly handle a search warrant or wiretap -- and this...
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Judge throws out drug charges after York police violate man’s Charter rights

On behalf of Neuberger & Partners LLP posted in Drug Trafficking on Monday May 11, 2015.

When police officers violate one person's Charter rights, everyone's constitutional rights are threatened. Still, improper police conduct happens more often than you might think. Recently, a Superior Court justice ruled that York Regional Police officers violated a man's Charter rights in a number of ways, and that the drug charges against him should be dropped. In the ruling, the judge characterized the police officers' actions as a "catastrophe." The case...
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How long can police keep items seized in criminal investigation?

On behalf of Neuberger & Partners LLP posted in Uncategorized on Friday April 24, 2015.

Readers are likely well aware of the importance of evidence when it comes to proving or disproving a criminal allegation. Depending on what someone is accused of the evidence will take different forms. When it comes to child pornography offences the use of a computer is often involved. Accordingly, the files found on the computer will be relevant. Of course to determine what files are on computer one must be...
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What rights do I have before, during and after an arrest?

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Monday January 26, 2015.

The Canadian Charter of Rights and Freedoms specifically addresses the rights of individuals who have been detained by police or charged with a crime. If the police detain or arrest you, then you have a right to be told the reason why. The charter also states that everyone "has a right to be secure against unreasonable search or seizure." If at any point before, during or after an arrest your...
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