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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