TSH was the target of an ongoing police investigation involving multiple confidential informants, extensive surveillance and the execution of a number of warrants to search residential premises. As a consequence TSH was charged with 19 separate offences including 2 counts of possession of heroin for the purpose of trafficking, possession of ecstasy for the purpose of trafficking, possession of cannabis marijuana for the purpose of trafficking, multiple weapons offences and possessing proceeds of crime. Upon receipt of full disclosure from …
8. Regina v. R.R.R. [Provincial Court of Alberta, Calgary – July 2013]
Charged with impaired driving and over .08. According to civilian witnesses RRR was operating a pickup truck when he collided with an 18 wheeler. The police attended the scene and observed various indicia of impairment including slurred speech, glassy eyes, unsteady and lethargic movements. The police arrested RRR for impaired driving and escorted him to the station where he provided two samples of his breath well in access of the legal limit. Patrick Fagan entered pleas of not guilty to …
8. Regina v. G. W. “et al” [Provincial Court of Alberta, Calgary – April 2013]
The police engaged in a lengthy drug investigation involving the use of an undercover officer with the Calgary Police Service, extensive surveillance, confidential informants and (towards the end of the investigation) the execution of warrants to search various residential premises. As a consequence of the foregoing our clients were charged with multiple offences including trafficking in heroin, possession of heroin for the purpose of trafficking and possessing proceeds of crime. The trafficking charges arose as a consequence of alleged street …
9. Regina v. M.P.P. [Provincial Court of Alberta , Calgary – August 2013]
Charged with impaired driving and refusing to provide a sample breath for roadside analysis. According to several civilian witnesses MPP rear ended a vehicle stopped at a red light. The police were summoned to the scene where they attempted to administer the roadside screening device – MPP refused to provide a sample. Patrick Fagan entered pleas of not guilty to both charges. Bottom Line: Given the multiple investigative irregularities in this case Patrick Fagan sent a detailed letter/report to the …
9. Regina v. W.C.L. [Provincial Court of Alberta, Calgary – May 2013]
RCMP drug section conducted a controlled delivery of two packages containing a large quantity of anabolic steroids which had been intercepted by Canada Border Services Agents in Vancouver. An undercover RCMP officer posing as a postal employee hand delivered the packages to WCL. Our client was arrested on the spot and a search of his person revealed the presence of $6,000.00 cash. Subsequent to the arrest of WCL police obtained and executed a warrant to search his home where they …
10. Regina v. L.M.N. [Provincial Court of Alberta, Calgary – September 2013]
According to civilian witnesses LMN was operating his motor vehicle at a high rate of speed while weaving in and out of traffic. Witnesses also observed LMN fail to stop for a stopped vehicle, rear-ending it and causing significant damage to both vehicles. The police were summoned to the scene where they formed the suspicion that LMN had consumed alcohol. The police demanded a sample of LMN’s breath for roadside analysis – LMN refused to provide a sample. The police …
10. Regina v. G.P. [Court of Queen’s Bench of Alberta, Calgary – June 2013]
According to the police they received information from a reliable confidential informant that GP was selling cocaine. As a consequence of this information the police initiated an investigation involving surveillance and a surreptitious garbage pull from the residence of our client. According to the police a search of the garbage bag revealed a multitude of baggies with corners removed – those corners tested positive for cocaine. Consequently . . . the police obtained a warrant to search GP’s home and …
11. Regina v. R.R.R. [Provincial Court of Alberta , Strathmore – October 2013]
Charged with impaired driving and over .08. The police responded to a possible break and enter and upon arriving in the vicinity observed a suspect vehicle operated by RRR. The police pursued the vehicle and RRR pulled immediately to the side of the road. The police took RRR down at gunpoint and arrested him for break and enter. Well . . . the break and enter complaint turned out to be bogus but the police re arrested RRR for impaired …
11. Regina v. J.C. [Provincial Court of Alberta, Medicine Hat – July, 2013]
In March 2013 members of the Combined Forces Special Enforcement Unit (“CFSEU”) received information from a confidential source that J.C. was selling ecstasy and cannabis marijuana in Medicine Hat. Based on this information CFSEU began a drug investigation into the alleged illegal activities of J.C. During the course of surveillance CFSEU observed what they believed to be activity consistent with drug activity so they stopped J.C.’s motor vehicle. A search of that motor vehicle revealed the presence of a quantity …
12. Regina v. J.S.H. [Provincial Court of Alberta, Calgary – November 2013]
Charged with impaired driving and over .08. Police observed JSH operating a motor vehicle erratically – swerving, traveling on the wrong side of the road and almost hitting the ditch. The police apprehended JSH and noted that he had red glossy eyes, the smell of alcohol on his breath and was unsteady on his feet. JSH was escorted to the police station where he provided two samples of his breath in excess of the legal limit. Patrick Fagan entered pleas …
12. Regina v. N.C. [Provincial Court of Alberta, Medicine Hat – July, 2013]
This case relates to the investigation and seizures made by the police in the matter of Regina v. J.C. aforesaid. To the chagrin of N.C. multiple documents in her name were seized by the police from J.C.’s home at the time of the search. Consequently (even though she wasn’t present at the time of the search and had never been the subject of surveillance in this matter) the police issued a warrant for her arrest and charged her with various …
13. Regina v. R.J.D. [Provincial Court of Alberta, Strathmore– November 2013]
Charged with impaired driving and over .08. Police pulled RJD over as a consequence of an obscured license plate. The police formed a suspicion that he had alcohol in his body so they demanded a sample of his breath for roadside analysis – the result was a ‘fail’. RJD was escorted to the detachment where he provided two samples of his breath well in access of the legal limit. Patrick Fagan entered pleas of not guilty to both charges. Bottom …
13. Regina v. S. B. & P.P. [Provincial Court of Alberta, Canmore – August 2013]
S.B. was operating a motor vehicle in the company of P.P. on the Trans-Canada Highway near Banff Alberta when they were pulled over by the R.C.M.P. The reason given for the stop was tinting and mud flap concerns (yah right). This was of course a classic Pipeline Interdiction stop whereby a drug investigation is conducted under the guise of traffic enforcement. One thing lead to another and the police ultimately seized approximately 80 grams of cannabis marijuana and related paraphernalia. …
14. Regina v. D.T.M. [Provincial Court of Alberta, Calgary – November 2013]
Charged with impaired driving and over .08. According to civilian witnesses DTM failed to stop for a red light and collided with another vehicle. The police were summoned to the scene where they observed the following indicia of impairment on the part of DTM – slurred speech, glazed eyes, dilated pupils and unsteadiness on his feet. DTM was arrested for impaired driving and escorted to the police station where he provided two samples of his breath with reading of three …
15. Regina v. M.P.M. [Provincial Court of Alberta, Calgary – November 2013]
Charged with impaired driving and over .08. Police were driving behind MPM’s vehicle and observed it to be swerving in and out of the lane at a slow speed. The police stopped MPM, administered the roadside screening device (which registered “fail”) and arrested him for impaired driving. MPM was escorted to the detachment where he provided two samples of his breath well in excess of the legal limit. Patrick Fagan entered pleas of not guilty and scheduled a trial. Bottom …
14. Regina v. D.B. [Provincial Court of Alberta, Calgary – September, 2013]
On Christmas eve the police responded to a complaint of impaired driving and upon their attendance at the scene found D.B. asleep at the wheel of his vehicle in the middle of an intersection. The police arrested D.B. and a subsequent search of his vehicle revealed the presence of a quantity of cannabis marijuana. D.B. got lucky on the DUI as the police were unable to find a breathalyzer technician but they did charge him with possession of a controlled …
16. Regina v. A.S.G. [Provincial Court of Alberta, Calgary – November 2013]
Charged with impaired driving and over 0.08. Police observed ASG strike a concrete medium and then return to its lane of travel. The police stopped ASG, detected a strong odour of alcohol and demanded that he provide samples of his breath for roadside analysis – result “fail”. The police arrested ASG, escorted him to the police station and obtained two samples of his breath into the intoxilyzer with readings well in access of the legal limit. Patrick Fagan entered pleas …
15. Regina v. B.S. [Provincial Court of Alberta, Calgary – September, 2013]
B.S. was operating his motor vehicle on the Trans-Canada Highway near Banff when he was stopped by the RCMP in a classic Pipeline Interdiction scenario. After engaging B.S. in a scripted Q&A the police conducted a search of the vehicle and seized a substantial quantity of psilocybin and cash. B.S. was promptly arrested and charged with a possession of a controlled substance for the purpose of trafficking and proceeds of crime. Our efforts to resolve this prosecution amicably were initially …
16. Regina v. Q.T.T.& J.A.Y. [Provincial Court of Alberta, Calgary – September, 2013]
During the month of June 2012 members of the Green Team South (“GTS”) conducted an extensive investigation involving confidential informants and surveillance relative to a suspected marijuana grow operation. In pursuit of their investigation GTS installed a DRA monitoring device on the target premises which measured the ebb and flow of electricity in the home. According to a police marijuana “expert” the DRA graph revealed a power consumption pattern consistent with a grow operation. Armed with the information aforesaid the …
17. Regina v. L.S. [Provincial Court of Alberta, Lethbridge – October, 2013]
While entering Canada at the Montana/Alberta border crossing LS was subjected to a secondary search which revealed the presence of multiple tablets of oxycontin (morphine). LS was charged with possession of a controlled substance and importation of a controlled substance contrary to the Controlled Drugs and Substances Act. Through the efforts of our office all charges against LS were completely withdrawn.