The accused, R., was charged with possession of a firearm and possession of cocaine for the purpose of trafficking. R., had escaped from a half-way house and had created a crack lab in his apartment. The police became aware of where R., was staying and made a forced entry into his apartment. R., climbed down the side of the building by moving from one apartment balcony to balcony. When the police caught up with R., he was attempting to hide on a first floor balcony. Mr. Kostman successfully argued that the search of the apartment was illegal and that there was a breach of R’s right to counsel upon arrest. All of the evidence, including a substantial amount of crack cocaine and loaded firearms was excluded from the trial. The charges were stayed.
R. v. R.
Summary of Case
5.0
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