Appendix I: Reasonable Belief
Author | Steve Coughlan; Glen Luther |
Pages | 357-367 |
357
APPENDIX I
REASONABLE BELIEF
Reasonable Grounds for Arrest Made Out
R v Debot, [1989] 2 SCR 1140: The police received confidential informa-
tion from an informant concerning a future drug deal. The informant
had previously provided useful information to the police (Cst G) and
was considered by the police to be reliable. The informant provided
details said to have been received directly from one of the parties to
the drug transaction indicating date, time, location, type of drug, and
names of the parties to the offence. The police established visual sur-
veillance of the anticipated site of the dr ug deal; a vehicle known to the
police was observed along with persons entering/exiting the premises;
Cst G, by radio to an off-site officer (Sgt B), confirmed that the accused
was the registered owner of the vehicle. Sgt B then instructed other
officers to intercept and search the vehicle. On these facts Cst B had
reasonable and probable grounds to believe that the accused had drugs
in his possession, despite reliance on hearsay from other officers. An
officer instructed to carry out a search by another officer is entitled to
assume that the officer ordering the search has reasonable grounds.
The tip provided by the informant was compelling and detailed: it
went beyond mere rumour; the informant was rel iable and not paid nor
facing charges; and the police surveillance corroborated the informa-
tion received.
R v Wong, [1990] 3 SCR 36 (obiter conclusion on re asonable ground s for
arrest for unlawf ul gaming): The police entered a recently vacated room
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