POLICE OFFICER’S TESTIMONY REJECTED BY JUDGE, AFTER CHALLENGED BY COUNSEL
R. v. M. M. | 2014
Two Toronto police officers investigated Ms. Page’s client who was seated on the passenger side of a parked vehicle. One officer testified that, as he rode past, he observed the Accused to have on his lap a baggie of cocaine and some cash. Ms. Page successfully convinced the Trial Judge that the search and arrest of her client were illegal since the police officer could not possibly have made those observations in those circumstances.
The Judge rejected the officer’s testimony and acquitted the client of Possession of Cocaine for the purpose of Trafficking, and Possession of Proceeds of Crime.