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EVIDENCE - Admissibility - Prejudicial evidence - Confessions and statements by the accused - Voluntariness - Private communications - Inadmissible interceptions - Unlawful or unreasonable interceptions - Voir dire

Monday, March 06, 2017 @ 7:39 AM  

Appeal by the accused Mehan and Stark from convictions for conspiracy to import cocaine. The US and Canada were cooperating on parallel investigations of cross-border illicit drug importation and trafficking from the US into Canada. A US civilian agent had distributed encrypted Blackberry devices to the targets of the investigation, including Stark. The US Drug Enforcement Agency obtained judicial authorizations to intercept the targets’ communications to and from the devices. The intercepted email communications were forwarded directly to the Agency’s server. The Agency began forwarding Stark’s...