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COMPELLING APPEARANCE, DETENTION AND RELEASE - Arrest - Without a warrant

Tuesday, January 15, 2019 @ 8:47 AM  


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Appeal by Palmer from his convictions for two counts each of robbery, aggravated assault and discharging a firearm with intent to wound. During a robbery of a bank, an employee and a customer confronted the two robbers, pursued them as they fled, and were shot and wounded. Both robbers fled in a stolen vehicle found later the same day. The appellant’s fingerprint was on the rear driver’s side window. The following day, an officer received a tip that the appellant, a known drug dealer, would be leaving a specific address with crack he intended to sell concealed in his rectum. Officers attended at the address and arrested the appellant. At the station, the appellant’s backpack was searched, and bait money taken during the robbery was found. No drugs were found when the appellant was strip-searched. Before releasing the appellant, the arresting officer checked CPIC and learned the appellant was a person of interest in the robbery. The trial judge found the appellant’s initial arrest was lawful as the arresting officer had reasonable grounds to believe the appellant had committed or was about to commit an indictable offence.

HELD: Appeal dismissed. The trial judge expressed and applied the proper legal standard in determining the arresting officer had the essential objective grounds to arrest the appellant. She did not misapprehend the evidence material to her conclusion. The initial arrest was not arbitrary.

R. v. Palmer, [2018] O.J. No. 6341, Ontario Court of Appeal, P.S. Rouleau, D. Watt and G. Huscroft JJ.A., December 3, 2018. Digest No. TLD-January142019005