Supreme Court

Decision Information

Decision Content

SUPREME COURT OF NOVA SCOTIA

Citation: R. v. Howell, 2011 NSSC 284

 

Date: 20110424

Docket: CRH 325847

Registry: Halifax

 

Between:

Her Majesty the Queen

 

v.

 

William Frederick Howell

 

LIBRARY HEADING

 

 

Judge:                            The Honourable Justice M. Heather Robertson

 

Heard:                            March 21, 22 and 24, 2011, in Halifax, Nova Scotia

 

Decision:                        April 24, 2011 (Orally)

 

Subject:      Voir dire to determine the issue of an alleged breach under s. 8 of the Charter; and the consequences as to whether the evidence obtained should be excluded pursuant to s. 24(2) of the Charter.

 

Summary:   Ringing cell phone seized at police headquarters after arrest for possession, following raid of premises by search warrant.  Drug related texts resulted in upgraded charge and arrest for possession for the purpose of trafficking cocaine.

 

Issue:  Expectation of privacy in cell phone in the circumstances.

 

Result:  Evidence obtained not excluded.

 

 

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