KKK was seated in a motor vehicle with another person in a Denny’s parking lot. The police considered KKK’s activity to be suspicious so they decided to investigate. As the police approached the driver side of KKK’s vehicle they detected the overpowering scent of fresh marijuana. They also observed KKK holding a “marijuana cigarette” in his hand. During the subsequent search incidental to arrest the police seized a knife, multiple hits of oxycodone, marijuana, several grams of crack cocaine, 3 …
19. Regina v. V.A. [Provincial Court of Alberta, Calgary – October, 2013]
In an operation entitled “Operation Citadel” an undercover member of the Calgary Police Service drug unit made multiple purchases of street level quantities of cocaine from VA. During the last cocaine transaction the police arrested VA and a search incidental to his arrest revealed the presence of nine individually wrapped baggies of cocaine, one bag of cannabis marijuana and a quantity of cash. A subsequent search of VA’s residence revealed the presence of a quantity of crack cocaine and powder …
20. Regina v. N.R.G. [Provincial Court of Alberta, Canmore – October, 2013]
NRG was apprehended by the RCMP while operating a motor vehicle on Bow Valley Trail near Canmore Alberta. The stop was in the nature of a classic Pipeline Interdiction investigation. A search of NRG’s vehicle resulted in the seizure of several thousand dollars, several grams of cocaine, several grams of crack cocaine, several ounces of cannabis marijuana, drug paraphernalia and 34 pills of oxycotin (morphine). As a consequence of the foregoing NRG was charged with several counts including possession for …
21. Regina v. C.C.M. [Provincial Court of Alberta, Airdrie – October, 2013]
The RCMP executed a warrant to search residential premises in Airdrie where they located a sophisticated three stage marijuana grow operation. Much to the chagrin of CCM he drove into the driveway of the grow house as the police were about to execute the warrant. CCM was arrested and a search of his person revealed the presence of a set of keys which were then used by the police to enter the grow house – not good. As a consequence …
22. Regina v. M.M.C. [Provincial Court of Alberta, Calgary – October, 2013]
The police responded to a 911 emergency call which lead them to a basement suite. In that basement suite the police observed multiple weapons and blood splattered throughout the premises. The police secured the premises and obtained a warrant to search. The execution of that warrant yielded approximately 3 kilograms of cannabis marijuana, just under a “brick” (kilo) of hashish, packaging materials, multiple weapons, approximately $10,000.00 cash and related drug paraphernalia. MMC was charged with possession of cannabis marijuana for …
23. Regina v. M.V.S [Provincial Court of Alberta, Calgary – October, 2013]
The police entered residential premises with a warrant to search where they found a sophisticated 450 plant marijuana grow operation; the police also located MVS hiding in the home. The warrant to search was solid and (short of a miracle) a conviction for cultivation and possession for the purpose of trafficking was inevitable. All MVS wanted was to stay out of jail. As the Crown would not settle for less than 15 months imprisonment we entered pleas of not guilty …
24. Regina v. G.R. [Court of Queen’s Bench of Alberta, Calgary – November, 2013]
In an investigation entitled “Gladiator” the police executed a warrant to search an apartment where they located a quantity of crack cocaine, ecstasy, codeine, GHB, assorted drug trafficking paraphernalia, weapons and approximately $12,000.00 cash. The police also found GR in a bedroom; a search of GR revealed the presence of a key for the apartment building. GR was charged with 10 offences including 4 counts of possession for the purpose of trafficking, production of crack cocaine, weapons and possessing proceeds …
25. Regina v. R.J. [Provincial Court of Alberta, Rocky Mountain House – November, 2013]
R.J. was the target of a police undercover investigation involving confidential informants and extensive police surveillance. As a consequence of that investigation the police charged R. J. with a number of offences including possession of oxycontin (“morphine”) for the purpose of trafficking and multiple firearms offences. While in custody the police interrogated R.J. and managed to secure an admission of trafficking. The circumstances surrounding seizure of the guns and drugs were such as to give rise to various issues under …
26. Regina v. P.J. [Provincial Court of Alberta, Ponoka– December, 2013]
The RCMP obtained a warrant to search the home of P.J. where they located what they consider to be a relatively large quantity of cannabis marijuana, cash and a small quantity of cocaine. P.J. was charged with a number of offences including possession of cannabis marijuana for the purpose of trafficking. Pleas of not guilty were entered and on the date of trial the matter was resolved by way of a conviction for simple possession of cannabis marijuana and a …
27. Regina v. V.J. [Provincial Court of Alberta, Medicine Hat– December, 2013]
Members of the Combined Forces Special Enforcement Unit (CSFU) conducted an investigation involving extensive surveillance into the alleged cocaine trafficking activities of V.J. The police attached an electronic tracking device to V.J.’s automobile which led to his apprehension by the police on Highway #1 just west of Medicine Hat. A search of V.J.’s vehicle revealed approximately 1 ounce of cocaine and a digital scale. Police also seized a cellular telephone containing text messages consistent (according to the police) with drug …
Regina v. H.H.B. [Provincial Court – November 2013]
HHB was a simple middle aged married delivery man with no prior adverse history with the police. During the course of a routine delivery he was alleged to have sexually assaulted one of his regular female customers. The complaint was not made to the police until approximately six months after the alleged offence date and only after the urging of an “intimate” friend. HHB denied the allegations in their entirely and instructed Patrick Fagan to enter a plea of not …
Regina v. F.L.K. [Provincial Court – May 2013]
FLK was enjoying the company of friends at a local watering hole when their party was interrupted by the attendance of an unknown female. The female took a shine to FLK and the end result was sex and drinks at her place. Six months later the complainant decided to accuse FLK of sexual assault. When apprehended by the police FLK (who had never been in trouble with the police before) proclaimed his innocence but, true to form, he was arrested …
Regina v. N.A.A. [Provincial Court – March 2013]
NAA was a well-educated medical professional who had absolutely no history of adverse involvement with the police. Like many professionals, he simply preferred the privacy of an internet dating site to the bar scene. He met a woman over the internet and they ultimately engaged in sexual activity at his residence. NAA maintained his innocence relative to allegations of nonconsensual sex and instructed Patrick Fagan to enter a plea of not guilty. Bottom Line: A full blown trial ensued during …
Regina v. B.B.B. [Provincial Court – January 2013]
BBB was a highly educated well placed professional involved in extremely acrimonious divorce proceedings where matters of custody and disposition of property were hotly contested. All of a sudden, in the midst of those family proceedings, BBB’s estranged wife accused BBB of assault and criminal harassment. BBB vehemently denied both allegations and instructed Patrick Fagan to enter pleas of not guilty. Bottom Line: The matter proceeded to a full blown trial during which Patrick Fagan had an opportunity to test …
1. Regina v. D. B. [Provincial Court of Alberta, Calgary – January, 2012]
Client charged with multiple offences including five counts of possession of a controlled substance for the purpose of trafficking in heroin, ecstasy, oxoycodone, clonazepam and cannabis marijuana. D.B. was the subject of ongoing surveillance by the police which lead to the execution of a warrant to search residential premises occupied by D.B. and other persons. D.B. was also charged with possession of stolen property, weapons and possessing proceeds (cash) of crime. The Crown was initially seeking (on an early guilty …
2. Regina v. G.F. [Provincial Court of Alberta, Calgary – February, 2012]
Tough case. Client charged with four separate counts of trafficking in marijuana to the same undercover officer over a one week period. To make matters worse, subsequent to the fourth undercover purchase the police executed a warrant to search the home of G.F. where they seized approximately 1 kilogram of marijuana, a substantial quantity of cannabis resin and approximately $10,000.00 cash. This resulted in our client being further charged with possession of marijuana for the purpose of trafficking, possession of …
3. Regina v. A.S. [Provincial Court of Alberta, Calgary – February, 2012]
Client charged with possession of marijuana for the purpose of trafficking and possessing proceeds (cash) of crime. A.S. had been the target of police surveillance during which they observed activity consistent with drug trafficking. Subsequent to an alleged transaction the police arrested A.S. and found him to be in possession of a quantity of cash. The police thereafter obtained and executed a warrant to search our client’s residence where they seized approximately 1 kilogram of marijuana. Our client was a …
4. Regina v. S.Y. [Provincial Court of Alberta, Calgary – February, 2012]
S.Y. was the target of ongoing police surveillance during which the police observed activity consistent with drug trafficking. As a consequence of the foregoing the police apprehended S.Y. in a motor vehicle and a search of his person revealed the presence of 17 individual packets of crack cocaine and approximately $1,000.00 in cash. The police also seized so-called “score sheets” from beneath the sun visor, another $1,000.00 cash in the glove box, a knife and multiple cellular phones. Our client …
5. Regina v. M.D. [Provincial Court of Alberta, Calgary – February, 2012]
M.D. was pulled over by a traffic cop for displaying an expired license plate. On the officers attendance at the driver’s door of the motor vehicle he allegedly detected the scent of fresh marijuana and placed M.D. under arrest. A subsequent warrantless search of the car failed to turn up any hint of marijuana but the officer did find 42 separate packages of cocaine in the center console as well as cash. To make matters worse the police seized a …
6. Regina v. K.F. [Provincial Court of Alberta, Calgary – March, 2012]
K.F. was one of several targets in an ongoing police investigation involving surveillance, the search of a motor vehicle and residential premises. Police seized approximately 35 separate packages of cocaine, scales, packaging material, so-called score sheets, cash and a knife resulting in charges against K.F. of trafficking in cocaine, possession of cocaine for the purpose of trafficking, multiple possession charges, possessing proceeds of crime and weapons. The matter was scheduled for preliminary inquiry and on day one of those proceedings …