Police observed a vehicle operated by KUQ traveling at an excessive rate of speed.  Consequently, police conducted a traffic stop whereupon they detected a strong odor of fresh raw marijuana, observed several traces of a “green leafy substance” and hence believed that KUQ was in possession of marijuana.  KUQ was arrested and during the course of a pat down search the police located on his person over $3,000.00 cash, 3 cellphones and a clear plastic baggie containing multiple pieces of …

This is another PIPELINE case. SJS was southbound on Highway #22 near Cochrane when he was pulled over by the RCMP. Why? According to the police, the vehicle had “tinted tail lights”.  Upon stopping the vehicle the RCMP officer, employing his Pipeline training, formulated grounds to believe that SJS was in possession of a controlled substances and placed him under arrest. A subsequent search of the vehicle revealed the presence of multiple fentanyl pills, bags of cocaine and bags of …

As a result of information received from a confidential source police obtained a drug warrant and searched the home of DCR and spouse.  During the course of that search police seized several pounds of marijuana and ultimately charged DCR and spouse with possession of marijuana for the purpose of trafficking. Patrick Fagan entered pleas of not guilty and scheduled the matter for trial. BOTTOM LINE: DCR’s primary objective was to stay out of jail.  Due to the fact that DCR …

Police executed a drug warrant search on residential premises in northeast Calgary. Although GAE was not a permanent resident of the home, when the police entered he was in proximity to a multitude of fentanyl pills scattered about the floor where he was apprehended.  The police charged GAE (and the other occupant of the premises) with possession of fentanyl for the purpose of trafficking and possession of proceeds (cash) of crime.  Patrick Fagan entered pleas of not guilty and scheduled …

During a 5 month investigation the police engaged in multiple covert entries of residential premises under the authority of a Criminal Code General Warrant.  While conducting those covert entries the police acquired evidence germane to multiple kilograms of cocaine and large sums of cash. To maintain the secrecy of the ongoing investigation the police would simply weigh and photograph the drugs/cash as evidence of an ongoing multi-kilogram operation.  Towards the end of the investigation they seized in excess of $300,000.00 …

Police received an anonymous tip relative to the importation and sale of heroin and cocaine into Canada.  Consequently, the police engaged in a lengthy investigation which culminated in HSK’s arrest and corresponding search of the motor vehicle he was driving at the time.  A search of that vehicle revealed the presence of several thousand dollars worth of heroin separated into multiple packages. The police also executed a drug warrant on HSK’s residence where they seized various quantities of cocaine, marijuana, …

This another one of those classic PIPELINE cases where the police conducted a drug investigation under the pretext of a highway traffic stop.  In this case a uniformed member of the RCMP (well versed in Pipeline investigative techniques) followed PPD on highway #1 near Lake Louise.  After following the vehicle for several kilometers (and observing a normal driving pattern) the policeman attempted to pass PPD on an extremely icy roadway.  As the police approached PPD’s “blind spot” PPD moved his …

BKG was parked outside a bar in downtown Edmonton when the police approached and observed an open bottle of vodka on the floor.  When the police asked BKG to hand it over he promptly poured it out. The police arrested BKG for obstruction and during the course of a search of BKG the police found several grams of marijuana in his pocket.  The police charged BKG with possession of marijuana contrary to section 4(1) of the Controlled Drugs and Substances …

The police received a Crime Stoppers Tip that if they called a cellular number they could purchase heroin.  The police followed up on this tip and ultimately arranged for an undercover officer to meet with a heroin trafficker.  The meet took place during which the undercover officer purchased a quantity of heroin.  Shortly thereafter the police stopped a vehicle driven by HSK, placed him under arrest for trafficking in heroin, searched his person and the vehicle.  As a consequence of …

A Special Enforcement Unit of the Calgary Police Service received information that LLM was trafficking in a controlled substance at the wholesale level.  By way of surveillance police established LLM’s primary residence and that, according to the police, he was coming and going from his home while engaged in activity consistent with drug trafficking.  Police obtained a warrant to search LLM’s home and upon entry found LLM at the top of the stairway.  As a consequence of the search the …

This was an appeal from conviction following a 1 month trial for conspiracy to traffic in multiple kilograms of cocaine.  The trial was conducted by Patrick Fagan’s associate Ms. Kaysi Fagan.  While numerous grounds for appeal were alleged, the primary err of consequence concerned the issue of Crown disclosure. The underlying facts are relatively straightforward.  On the eve of commencement of trial the Crown discovered a second electronic disclosure database containing thousands of documents which may or  may not have …

ABA & spouse were charged with possession of cannabis marijuana in an amount exceeding 3 kilograms for the purpose of trafficking contrary to section 5(2) of the Controlled Drugs and Substances Act. The police initially entered their home without a warrant as a consequence of a 911 call placed by a concerned neighbour.  The concerns of the neighbour were legitimate because ABA & spouse had just been the victims of an armed home invasion. During the course of the police …

During the course of an undercover operation the police made multiple purchases of cocaine from two persons.  The police were told by those two persons that ADG was their supplier of cocaine. The police obtained a warrant to search ADG’s residence (which was also the home of one of the street level traffickers) to search for cocaine.  The police located a locked safe in ADG’s bedroom which contained a relatively large quantity of cocaine packaged in various amounts ranging from …

As a consequence of a police undercover operation ASS was charged with 34 separate criminal offences including possession of cocaine for the purpose of trafficking, possession of marijuana for the purpose of trafficking, possession of proceeds of crime (cash exceeding $20,000.00), weapons offences, other drug offences and multiple breach charges. BOTTOM LINE: Patrick Fagan was successful in resolving this prosecution by way of the entry of a guilty plea to simple possession of a controlled substance and a breach charge.

An RCMP investigation resulted in a warrant to search LHM’s rural home.  That search revealed the presence of a marijuana grow operation, multiple kilograms of dry packaged cannabis marijuana, approximately $8,000.00 cash, multiple firearms and silver bullion worth in excess of $10,000.00.  As a consequence of the seizures LHM was charged with the following offences: Production (cultivation) of cannabis marijuana contrary to section 7(1) of the Controlled Drugs and Substances Act. Possession of cannabis marijuana in an amount exceeding 3 …

Police received a report of “screaming and shouting” from SAA’s apartment so they attended to check on the welfare of the occupants.  Upon arriving at the apartment the police were greeted by SAA who told them there was nothing untoward happening on the premises and he refused to allow them entry. The police forced their way into the premises and conducted a search of same without a warrant; the police seized a quantity of cannabis marijuana, cocaine, weapons and approximately …

ASS was the target of an undercover street operation.  During the course of that undercover operation ASS repeatedly sold street level quantities of crack cocaine to multiple undercover officers. Identification was not a viable issue as the police took the time to photograph and (on at least one occasion) film the drug transactions. To make matters worse, on the day of ASS’s arrest the police obtained a warrant to search his home where they found him, a larger quantity of …

GKH was the target of a police undercover operation during which he was alleged to have sold 4 bags of cocaine to an undercover peace officer.  On the date of his arrest (one week after the undercover transaction) GKH was found in possession of five additional baggies of cocaine.  Consequently, GKH was charged with the following offences: Trafficking in cocaine contrary to section 5(1) of the Controlled Drugs and Substances Act. Possession of cocaine for the purpose of trafficking contrary …

MNN was the target of an undercover police street operation.  During the course of that undercover operation MNN repeatedly sold street level quantities of crack cocaine to multiple undercover officers. As a consequence MNN was ultimately arrested and charged with the following: Four separate counts of trafficking in cocaine contrary to section 5(1) of the Controlled Drugs and Substances Act. Four separate counts of possessing proceeds of crime contrary to section 354 of the Criminal Code. Patrick Fagan was able …

This is another Royal Canadian Mounted Police (R.C.M.P.) PIPELINE case resulting in the seizure of a relatively large quantity of cocaine and marijuana. N.M.T. was the driver and sole occupant of a west-bound vehicle on Highway #1 near Swift Current, Saskatchewan. The R.C.M.P. happened to be running radar at that time and N.M.T.’s vehicle registered 143km/hr in the 110km zone. The R.C.M.P. stopped N.M.T. for speeding and thereafter engaged in a Pipeline drug investigation. The Mountie, well trained and with …