Police conducted a “routine” check on a suspicious vehicle parked in a high-crime area. As they approached the vehicle they detected a strong odor of marijuana whereupon all four occupants of the vehicle (including SSI) were placed under arrest for possession of marijuana. According to the police SSI admitted to just smoking a joint. A police search of the vehicle revealed six individually wrapped baggies of cannabis marijuana; according to the police, SSI claimed ownership of that marijuana. Not surprisingly, …
14. Regina v. S.C.F. [Provincial Court of Alberta, Calgary –April 2014]
Charged with impaired driving and refusing to provide samples of breath for roadside analysis. The police stopped SCF for running a stop sign. The police could smell alcohol on the breath of SCF so they demanded that he provide a sample of his breath for roadside analysis. SCF’s immediate response was “no, just charge me”. The police were pleased to honour SCF’s request and charged him accordingly. Patrick Fagan entered pleas of not guilty to both charges and scheduled a …
25. Regina v. A.M.A. [Court of Queen’s Bench of Alberta, Calgary – September 2014]
AMA was the target of a drug investigation initiated by the Street Enforcement Team. During the course of a 3 month investigation the police conducted extensive surveillance during which they observed activity consistent with drug trafficking. At the conclusion of the investigation AMA was arrested and his home was searched by way of warrant. As a consequence of that search the police seized over half a brick (kilogram) of cocaine, approximately $110,000.00 cash, 4 electronic scales, score sheets, a money …
15. Regina v. K.K.P. [Provincial Court of Alberta, Calgary –April 2014]
Charged with impaired driving and over .08. Shortly before midnight the police observed a truck drive off a front lawn and onto the road; the yard had a damaged fence. The police pursued the truck and when it stopped the driver started walking across the street away from the police. According to the police KKP had a blank stare, was taking high and deliberate steps and stumbled. The police grabbed the accused by the neck and forced him onto the …
26. Regina v. XXX [Court of Queen’s Bench of Alberta, Calgary – September 2014]
XXX was charged with 11 counts of direct trafficking in n-methyl-3,4-methylenedioxyamphetamine to an undercover officer, 10 charges of possessing proceeds of crime, 3 weapons offences and 2 counts of possession for the purpose of trafficking. Patrick Fagan was successful in killing (securing discharges) on 16 of the charges at preliminary inquiry. The remaining 9 charges were scheduled for trial. Bottom Line: As a consequence of insurmountable witness problems this prosecution was resolved in its entry by way of the entry …
16. Regina v. D.F.M. [Provincial Court of Alberta, Calgary – May 2014]
Charged with impaired driving and over .08. A concern citizen called the police after observing a truck driven by DFM driving erratically; the civilian also observed what appeared to be vomit running down the side of the driver’s door. DFM was apprehended by the police and they observed the following indicia of impairment – flushed face, glassy blood shot eyes, slow speech and lethargic movements. DFM was arrested and provided two samples of his breath with readings in excess of …
27. Regina v. E.O. [Provincial Court of Alberta, Calgary – September 2014]
During the course of surveillance the police observed what they believed to be three separate drug (cocaine) transactions involving the same vehicle. Consequently, the police stopped that vehicle and arrested the four occupants. A search of the vehicle failed to turn up any cocaine but a search of EO revealed the presence of approximately $8,000.00 cash. The police charged EO with possessing proceeds of crime. Bottom Line: Through negotiation Patrick Fagan was successful in resolving this prosecution by way of …
17. Regina v. C.D.B. [Provincial Court of Alberta, Calgary –May 2014]
Charged with impaired driving and refusing to provide samples of breath into the intoxilyzer. CDB observed the police manhandling a suspect outside a bar and cautions the police about their behaviour – he also takes a video of the event with his iPhone. Approximately 10 minutes later CDB is pulled over by the same peace officers and arrested for impaired driving. He is taken to the police station where he refuses to provide a sample of his breath into the …
28. Regina v. M.M.M. [Court of Queen’s Bench of Alberta, Calgary – October 2014]
The police received a tip from a confidential source that there was a marijuana grow operation in the residence of MMM and his roommate. Consequently, the police conducted an investigation involving extensive surveillance and the installation of a DRA device to measure the electrical draw and cyclical patterns within the target residence. The police thereafter obtained a warrant to search the premises and upon entry located a sophisticated three stage marijuana grow operation with approximately 422 mature plants valued at …
18. Regina v. K.P.M. [Provincial Court of Alberta, Calgary – June 2014]
Client charged with impaired driving and over .08. According to the police and several eye witnesses KPM rear-ended a cab stopped at a red light. When the police arrived they observed multiple symptoms of impairment including unsteadiness on her feet, almost falling as she left her vehicle, blood shot eyes, flush cheeks, mumbling and a fixed gaze. Samples of her breath were obtained back at the detachment with readings well in excess of the legal limit. As there was a …
29. Regina v. D.P.J. [Court of Queen’s Bench of Saskatchewan, Regina – October 2014]
Client was the target of a lengthy sophisticated police investigation involving the execution of multiple warrants to search (including authorized covert entries), the interception of text messages by way of judicially authorized production orders, extensive surveillance, etc., etc. Police made seizures in relation to the trafficking of multiple kilograms of cocaine and marijuana. DPJ was charged (along with a co-accused) with possession of cocaine (and marijuana) for the purpose of trafficking and possessing proceeds of crime (approximately $25,000.00). DPJ retained …
19. Regina v. S.Y.S. [Provincial Court of Alberta, Calgary – September 2014]
Charged with impaired driving and over .08. Police observed SYS`s vehicle speeding and driving erratically. On apprehension police observed indicia of impairment including difficulty producing documents, strong smell of alcohol and confusion. SYS provided two samples of his breath with blood alcohol reading in excess of twice the legal limit. Patrick Fagan entered pleas of not guilty to both charges and scheduled a trial. Bottom Line: Patrick Fagan challenged the admissibility of the certificate of analysis on Charter grounds; all …
30. Regina v. A.S. [Provincial Court of Alberta, Calgary – October, 2014]
Client charged with possession of marijuana for the purpose of trafficking and possessing proceeds of crime as a consequence of events which occurred back in March 2010. Patrick Fagan actually secured verdicts of not guilty on all charges at trial back in February 2012 (see 2012 Cases at case #3) but the Crown successfully appealed those verdicts which resulted in the rescheduling of a new trial in Provincial Court. Bottom Line: After well over 4 years of litigation and protracted …
20. Regina v. E.K.E. [Provincial Court of Alberta, Calgary – September 2014]
EKE came to the attention of the police as he was walking from a bar to a parking lot. According to the police he had trouble maintaining his balance and initially tried to enter the wrong vehicle. The police apprehended EKE and upon doing so observed multiple indicia of impairment including a strong smell of alcohol, slurred speech, blood shot eyes and problematic motor skills. There was no breath tech available so samples of EKE’s breath could not be obtained. …
21. Regina v. M.S.S. [Provincial Court of Alberta, Calgary – October 2014]
MSS was charged with impaired driving, over .08 and multiple traffic violations. According to the police he rear ended two vehicles (1 of which was “totalled”) at a red light and when asked by the police to step from his vehicle he almost fell into oncoming traffic. Patrick Fagan entered pleas of not guilty to all charges and scheduled a trial date. Bottom Line: The case for the prosecution fell apart during the course of the primary investigating officer’s testimony …
31. Regina v. B.D.D. [Provincial Court of Alberta, Lethbridge – November 2014]
BDD was charged with possession of multiple kilograms of marijuana for the purpose of trafficking, possession of ecstasy and possessing proceeds of crime. BDD was the target of a 9 month sophisticated investigation involving the execution of multiple production orders, tracking warrants, warrants to search, a forensic audit and extensive surveillance. Bottom Line: Patrick Fagan rejected an offer of 15 months imprisonment in exchange for a guilty plea to possession of marijuana for the purpose of trafficking and scheduled the …
32. Regina v. M.E.A. [Provincial Court of Alberta, Calgary – December 2014]
While conducting surveillance on an unrelated investigation the police observed a suspicious vehicle in a theater parking lot. When the police approached the vehicle they detected the scent of burned and fresh marijuana. Consequently, the police arrested MEA for possession of marijuana and conducted a search of the vehicle. That search yielded 5.1 grams of marijuana. MEA waived his right to a lawyer and thereafter provided the police with a statement claiming ownership of the marijuana. Not surprisingly . . …
R. v. K.A. [Provincial Court, Calgary, October 2014]
K.A. was charged with possession of cocaine for the purpose of trafficking; possession of marijuana for the purpose of trafficking and possession of possession of proceeds of crime (in the neighborhood of $20,000). Without even having to schedule a trial date Ms. Fagan secured the withdrawal of the charges against K.A..
R. v. K.A. [Provincial Court, Calgary, September 2014]
K.A. was charged with a number of diverse and serious charges when he retained Ms. Fagan to secure his release. He was initially arrested on allegations of kidnapping, unlawful confinement and sex assault. Three months later he was alleged to have breached by being in possession of cocaine and marijuana for the purpose of trafficking and proceeds of crime. He was then released on a second set of bail conditions. Less than a month later he was alleged to have …
Judge rejects claim of police terror tactics
Police manhandling of a suspected drug dealer’s passenger was not a “terrorist tactic,” a judge said yesterday in rejecting a Charter application. Court of Queen’s Bench Justice Earl Wilson said the “dynamic takedown” conducted by police in arresting [the] alleged gang member was lawful. Wilson rejected a suggestion by defence lawyer Pat Fagan the conduct of TAC team members who arrested [the accused] and his passenger fell into the “realm of police-state terrorism.” In written arguments to support [the accused]’s ...