18. Regina v. S.F.F. [Provincial Court of Alberta, Canmore – July 2012]

Client was the target of ongoing police surveillance during which they observed our client engaged in four suspected drug transactions. As a consequence of the foregoing our client was apprehended by the police and a search incidental to arrest was conducted. The police seized 19 packages of cocaine and approximately $7,000.00 cash. Client was charged with possession of cocaine for the purpose of trafficking and possession of proceeds of crime. The Crown was notified of our intention to seek the exclusion of all evidence acquired by the police as a consequence of the violation of our client’s right to be secure against unreasonable search or seizure as guaranteed by section 8 of the Charter. The Crown conceded the strength of our Charter argument and without having to endure the risk and cost associated with trial the entire matter was dealt with by way of a referral to alternative measures. As long as S.F.F. satisfies the requirements of alternative measures all charges will be completely withdrawn.