R.V Golden
Why did Golden get arrested?
Police observed him because they suspect him doing illegal drug activity
What did Jackie reason to the police while getting arrested?
Jackie wore a bandana to raise awareness about the environment and was unaware of the reason for her arrest
Why did the police search him?
The police suspected Mr. Patrick was operating an ecstasy lab in his home
What rights of Polashek were violated?
S. 10
What was the accused initially charged with?
The accused was initially charged with two counts of causing death by criminal negligence
Why was Golden strip searched twice?
Golden almost pushed an officer down the stairs during the first strip search
Why was the Stop Gangs in Ontario Act initially put in place?
To discourage people from joining gangs and to allow easier identification of gang members
Where was Mr.Patrick’s garbage place?
Garbage was placed at the rear of his property.
What was Polashek's reason for appealing to the Ontario Court of Appeal?
He was argued that the mere smell of marijuana did not provide Constable Ross with a lawful basis to search and arrest him without a warrant
The jury found the accused not guilty of causing death or bodily injury by dangerous driving but guilty of?
offenses of dangerous driving, simpliciter.
Under what circumstances can police conduct a strip search?
Officers believe the accused has a weapon, drugs, or other evidence
Why did advocacy groups protest against s.49 of the SGOA?
In addition to limiting freedom of expression, it also treats students differently than adults since it only applies to schools
Why did the trial judge believe the police’s warrant and search were legal?
The trial judge believed that Patrick had no reasonable expectation of privacy in the contents of his garbage, so the warrant and search were lawful.
Why did the Court believe that Constable Ross’s search and arrest is reasonable?
Because he made his decision based on 4 reasonable factors, instead of just relying on the smell of marijuana.
What was the defense argument?
The defense argued that the appellant was not exceeding the speed limit by an excessive amount nor did he disobey the traffic light.
Common law gives officers power to search an individual they have just arrested, does that give them power to do strip searches?
Strip searches are allowed if necessary, but now it must be done in a private place with a same gender police officer
What was Jackie’s response to the charges laid against her?
Jackie claimed s.49 of the SGOA infringers her freedom of expression under s.2(b) of the Charter
What claim did Patrick make against the police?
He claimed that the police violated his s.8 Charter Rights by searching his garbage
What were the 4 factors that Constable Ross used to determine that he had reasonable grounds to arrest Polashek for narcotics possession?
The 4 factors were the smell of marijuana, Polashek’s response, the neighborhood of the event, and the time of the night.
Who reduced the charges on Mr. Brown
The preliminary inquiry judge
Why did Golden get sentenced when the police searched him without a warrant or consent?
Police do have power to strip search an individual they had just arrested
What did s.49 of the Stop Gangs in Ontario Act (SGOA) entail?
Prohibits all people from wearing bandanas in schools
Would it have been different if the bags were placed on Mr. Patrick’s porch?
Yes, because the police can not enter Mr. Patrick’s house to search his garbage.
Why is it important for police officers to inform the accused of their right to a lawyer immediately after arrest? Please give 3 benefits.
To avoid unnecessary search, seizure, and interrogation, answer questions they didn’t need to, accidentally or under pressure confessing a crime
True or false, was the accused charged of impaired driving
False