DRUG CHARGE: 1) Possession of cannabis marijuana PTT was stopped by police for not wearing a seatbelt. When the police attended the vehicle they immediately detected the strong scent of fresh marijuana. The police arrested PTT and a subsequent search of the truck revealed the presence of approximately 10 grams of marijuana. The police charged PTT accordingly. Bottom Line: Patrick Fagan arranged to have the charge completely withdrawn.
21. Regina v. L.L.L. [Provincial Court, Calgary – September 2015]
DRUG CHARGES: 1) Possession of cannabis marijuana for the purpose of trafficking. 2) Possess proceeds of crime. As a result of a two month investigation conducted by the Drug Unit the police executed a warrant on residential premises occupied by LLL. As a consequence of that search police seized approximately 3 kilograms of marijuana, “score sheets”, approximately $7,000.00 cash, a cocaine press, packaging materials and “11” cellular telephones. Pleas of not guilty were entered to both charges and a trial …
22. Regina v. E.E.E. [Court of Queen’s Bench of Alberta, Calgary – September 2015]
DRUG CHARGE: 1) Possession of cannabis marijuana for the purpose of trafficking. 2) Possess proceeds of crime. This was a classic “Pipeline/ Interdiction” investigation – i.e.: a drug investigation conducted under the guise of a traffic stop. A search of the motor vehicle operated by EEE resulted in the seizure of approximately 18 pounds of cannabis marijuana. According to the police, the estimated street value of the marijuana was approximately $120,000.00. In addition to the “dope” police also seized approximately …
23. R. v. Z.Y.Z [Superior Court, Kenora, Ontario – October 2015]
CHARGE: Possession of cannabis marihuana for the purpose of trafficking. RESULT: All evidence seized by police excluded at trial under the Canadian Charter of Rights & Freedoms. ZYZ was operating his rental vehicle eastbound on Hwy #1 near Kenora when he was apprehended for speeding by the OPP. As the Constable was a highway drug cop with interdiction (Pipeline) expertise the traffic stop was quickly transformed into a drug investigatiion. ZYZ was detained, cuffed and placed in the rear of …
24. Regina v. K.M.K. [Provincial Court, Calgary – October 2015]
CHARGES: (1) Possession of crack cocaine for the purpose of trafficking. (2) Possession of proceeds of crime. RESULT: Verdicts of NOT guilty were entered on all charges at the conclusion of trial proceedings. The police were conducting surveillance on a cocaine trafficking target in an attempt to identify her supplier. The police arranged to purchase crack cocaine from the target and minutes before that transaction unfolded the target is observed meeting with KMK. The target is busted and KMK is …
25. Regina v. GGG [Provincial Court, Calgary – October 2015]
CHARGES: (1) Possession of morphine for the purpose of trafficking. (2) Possession of methamphetimine (‘speed”) for the purpose of trafficking. (3) Possession of cannabis marihuana. RESULT: Verdicts of NOT guilty entered at conclusion of trial proceedings. GGG was pulled over in a rental vehiclefor speeding– he was the driver. When the officer attended at GGG’s vehicle he immediately detected the odour of fresh cannabis marihuana. GGG (unwisely) told the officer that someone had been smoking marihuana in the vehicle earlier. …
26. Regina v. Z.Y.Z. [Superior Court, Kenora, Ontario – October 2015]
This relates to case #23 of 2015 Drug Offences. Specifically, once we received a ruling as to the exclusion of all evidence seized by the police pursuant to section 24(2) of the Charter as a consequence of the violation of ZYZ’s right to be secure against unreasonable search or seizure (as guaranteed by section 8 of the Charter) the Crown sought a ruling from the trial Justice on an application that had been brought earlier by Patrick Fagan. In that …
27. Regina v. S.K.Y. [Provincial Court, Calgary – November 2015]
CHARGES: 1) Possession of cocaine for the purpose of trafficking. 2) Possession of marijuana for the purpose of trafficking. 3) Possess proceeds of crime. 4) Dangerous driving causing bodily harm. Result: Stay of proceedings entered on all charges. The police received a complaint from a hotel manager that drugs had been observed by hotel cleaning staff in a room occupied by SKY. The police, with the assistance of the hotel manager, entered the room where they seized a quantity of ...
Regina v. E.W.L. [Provincial Court – February 2015]
EWL was a married middle aged man with no prior history of adverse involvement with the police. A disgruntled female co-worker accused EWL of touching her breasts on two separate occasions. On one of those occasions, according to the alleged victim, a second female employee was standing right beside them and witnessed the entire event. As part of the police investigation they conducted an indepth interview of the eye witness. Well . . . this person told the police that …
Regina v. V.P.J. [Provincial Court – January 2015]
VPJ was an elderly gentleman and proprietor of an establishment that was somewhat notorious for persons of ill-repute. VPJ became involved in a heated dispute with one of his female residential tenants over a substantial unpaid hotel bill. Well, the female tenant absconded without paying the bill and accused VPJ of touching her 10 year old daughter (over her clothing) during the course of their lengthy stay at his establishment. VPJ, a grandfather with no prior criminal convictions, was arrested …
1. Regina v. PS [Saskatchewan, Court of Queen’s Bench Swift Current – January 2014]
On October 21, 2011 a uniformed member of the RCMP observed an eastbound vehicle on Highway #1 just east of Swift Current. PS was the driver and sole occupant of the vehicle and according to the constable he decided to conduct a traffic stop to check for license/vehicle particulars and driver sobriety/fatigue. TRANSLATION: this was a classic Pipeline/Interdiction roadside stop. Well. . . one thing led to another other, officers were summoned to the scene, a police service dog was …
2. Regina v. M.A.G. [Court of Queen’s Bench Alberta, Calgary – February 2014]
In March 2010 members of the Calgary Police Service (CPS) were involved in an undercover operation called “Dances with Wolves” during which they targeted a so-called dial-a-dope drug trafficking ring. The police engaged in multiple undercover purchases of cocaine and one of the traffickers lead the police to residential premises associated with MAG. According to the police those residential premises operated as a “stash” house. After extensive surveillance on the targeted premises the police obtained a warrant to search the …
3. Regina v. G.R. [Provincial Court of Alberta, Calgary – February 2014]
In August 2012 members of the Calgary Police Service (CPS) Operations Team were involved in a dial-a-dope operation entitled “ECHO”. The police conducted extensive surveillance during which our client was observed engaged in multiple meets of short duration consistent with (according to the police) drug transactions. Surveillance also led the police to believe that the residential premises of GR were being used as a “stash” house. As a consequence of the foregoing the police detained and searched GR after observing …
4. Regina v. O.H. [Provincial Court of Alberta, Calgary – February 2014]
In January 2013 members of the “Green Team South” received a crime stoppers tip that a marijuana grow operation may exist at specified residential premises. The police thereafter conducted an in-depth investigation involving surveillance and the installation of two Digital Recording Ammeters (DRAs) to the power lines supplying the residence. According to the police the DRA results depicted a pattern of power consumption consistent with a marijuana grow operation. The police obtained and executed a warrant to search the premises …
5. Regina v. J.O.N.[Provincial Court of Alberta, Canmore – February 2014]
JON was the proprietor of a business which (according to the police) sold items used for the consumption of illegal drugs including marijuana pipes, bongs, bud grinders, vaporizers, digital weigh scales, packaging and scent proof containers. The police targeted this “head-shop” and after a number of attendances on the business premises for investigative purposes they sought a warrant to search for drug related items. Subsequent to those seizures JON was charged with two counts of selling instruments intended for the …
6. Regina v. D.H.D. [Provincial Court of Alberta, Calgary – March 2014]
DHD arrived in Calgary from Vancouver on a Greyhound bus. Undercover police “profiled” DHD and confronted him in the bus station lobby. A scripted Q&A followed which lead to a so-called “consent” search of his checked bag. The search revealed the presence of approximately 220 individually wrapped pieces of crack cocaine. DHD was arrested and charged with possession of cocaine for the purpose of trafficking. We rejected the Crown’s unsolicited offer of a 2 year jail term. Bottom Line: the …
7. Regina v. M.I.R. [Provincial Court of Alberta, Airdrie – March 2014]
RCMP received information that MIR was selling marijuana in Airdrie. The police conducted surveillance on MIR and he was observed to be engaged in meetings of short duration which were consistent (according to the police) with drug trafficking. The police arrested one of the persons who met with MIR and seized from that person a quantity of marijuana. That person readily provided the police with a statement implicating MIR as a seller/trafficker of marijuana. The police immediately thereafter arrested MIR. …
8. Regina v. C.A.A.M. [Provincial Court of Alberta, Calgary – March 2014]
CAAM was the target of a sophisticated well conducted investigation by the Alberta Law Enforcement Response Team (“ALERT”) involving members of the Calgary Police Service and the RCMP. CAAM was observed during the course of surveillance to be engaged in activity which (according to the police) was consistent with moving large quantities of cocaine. Investigators waited for the right moment, moved in and found CAAM in possession of 5 kilograms of cocaine (with an estimated street value of $250,000.00) in …
9. Regina v. T.B. [Provincial Court of Alberta, Fort Vermillion – March 2014]
An unstable adult male purchased a rifle from a local firearms dealer and thereafter used that firearm to commit suicide. The police conducted an investigation germane to the suicide and traced the firearm back to the local dealer. The police determined that the dealer did not have the lawful authority (ie: a “PAL”) to acquire and sell firearms nor did that person confirm that the purchaser (deceased) was authorized to receive it. During intensive police interrogation of the dealer he …
10. Regina v. A.S.R. [Provincial Court of Alberta, Canmore – May 2014]
ASR was driving a vehicle on Highway #1 near Lake Louise when he was pulled over by the RCMP for having a “dirty license plate”. TRANSLATION: this was a classic Pipeline Drug Interdiction profiling stop. After engaging ASR in a scripted Q&A and making a number of observations of purported investigative significance (rental car, heightened nervousness, messy car interior) the police ran ASR on the system and discovered that he had been charged years ago (but never convicted) of trafficking. …