5. Regina v. M.N.M. [Provincial Court of Alberta, Calgary – May 2016]

As the police approached a couple of “suspicious” vehicles they both took off.  The police stopped one of the vehicles (an SUV in which MNM as a passenger) whereupon they immediately detected a pungent scent of fresh marijuana.  The police arrested the driver and MNM for possession of marijuana and a search of MNM revealed the presence of approximately 1 ounce of powder cocaine, 1 ounce of crack cocaine and several hundred dollars in cash.  The police charged MNM with …

6. Regina v. B.B.B. [Provincial Court of Alberta, Turner Valley – May 2016]

As a consequence of information received from a confidential source the police obtained and executed a drug warrant on residential premises.  During the course of that search (BBB was home at the time) the police seized multiple pounds of individually wrapped marijuana, several thousand dollars in cash, a firearm, scales and score sheets.  BBB was charged with a number of offences including possession of marijuana for the purpose of trafficking contrary to section 5(2) of the Controlled Drugs and Substances …

7. Regina v. H.S.K. [Provincial Court of Alberta, Calgary – May 2016]

HSK was on bail for trafficking in heroin.  One of the release conditions prohibited him from being in possession of a cellular phone.  The police, operating an unmarked police vehicle, “observed” HSK using a cellular phone.  The police stopped HSK and arrested him for breaching his bail order.  A subsequent search of HSK’s vehicle by the police for the cellphone revealed the presence of multiple packages of heroin.  Remarkably . . . the cellular phone was not found (ie: there …

8. Regina v. B.R.R. [Provincial Court of Alberta, Canmore – July 2016]

This is another PIPELINE case. BRR was a passenger in a vehicle that was westbound on Highway #1 near Lake Louise. An RCMP officer was sitting in the median watching trafficking go by and he decided to pursue and stop the vehicle. Why? According to the officer, it had a “dirty unreadable license plate”.  The officer, utilizing his Pipeline training, developed grounds to suspect that the vehicle contained drugs so he detained BRR and the driver.  During the course of …

9. Regina v. S.N.M. [ Court of Queen’s Bench of Alberta, Calgary – August 2016]

This is another PIPELINE case. According to the RCMP they pulled SNM over for speeding.  During the traffic stop the police, employing their Pipeline training, formulated the suspicion that SNM was transporting drugs.  Consequently, a police drug dog was summoned to the scene and deployed on the vehicle.  The dog “hit” whereupon the police conducted the search of the vehicle resulting in the seizure of approximately 4000 grams of cannabis resin (oil) in a multitude of jars, another ½ kilogram …

10. Regina v. C.M.M. [Provincial Court of Alberta, Canmore – August 2016]

The RCMP intercepted CMM on radar at a speed of approximately 160 km/h westbound on Highway #1.  During the course of the stop the police observed indicia consistent with impairment of his ability to operate a motor vehicle by alcohol and arrested him for impaired driving.  During the course of a “pat down” search the police seized a baggie containing cocaine.  CMM was charged with impaired driving, over .08, dangerous driving and possession of cocaine. Patrick Fagan entered pleas of …

11. Regina v. K.K.A. [Provincial Court of Alberta, Strathmore – September 2016]

This is another PIPELINE case. KKA was eastbound on Highway #1 near Strathmore.  A member of the RCMP pulled KAA to the side of the road.  Why? According to the officer, he couldn’t determine if her seatbelt was affixed or not.  When the officer approached the driver’s side of the vehicle, it was obvious that the driver was wearing a seatbelt. While at the driver’s door the officer employed his Pipeline training and formulated grounds to detain KAA.  The officer …

12. Regina v. B.E.C. [Court of Queen’s Bench of Alberta, Calgary – September 2016]

At the conclusion of a lengthy investigation the CPS Tactical Unit executed a drug warrant on residential premises.  BEC was found inside along with a hydroponic marijuana grow operation, over 300 grams of powder cocaine, processed bud, scales, multiple cellular phones and approximately $9,000.00 cash.  As a consequence BEC was charged with a multitude of offences including: Production/cultivation of marijuana Possession of cocaine for the purpose of trafficking Possession of proceeds of crime Patrick Fagan elected trial by way of …

13. Regina v. K.U.Q. [Court of Queen’s Bench of Alberta, Calgary – September 2016]

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 …

14. Regina v. S.J.S. [Provincial Court of Alberta, Cochrane – November 2016]

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 …

15. Regina v. D.C.R. [Provincial Court of Alberta, Canmore – November 2016]

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 …

16. Regina v. G.A.E. [Provincial Court of Alberta, Calgary – November 2016]

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 …

17. Regina v. H.S.K. [Provincial Court of Alberta, Calgary – November 2016]

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, …

1. Regina v. M.M.A. [Court of Queen’s Bench of Alberta, Calgary – January 2017]

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 …

18. Regina v. B.K.G. [Provincial Court of Alberta, Edmonton – November 2016]

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 …

2. Regina v. P.P.D. [Court of Queen’s Bench of Alberta, Calgary – January 2017]

This is 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 …

19. Regina v. L.L.M. [Court of Queen’s Bench of Alberta, Calgary – December 2016]

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 …

3. Regina v. H.S.K. [Court of Queen’s Bench of Alberta, Calgary – January 2017]

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 …

20. Regina v. C.C.C. [Court of Appeal of Saskatchewan, Regina – December 2016]

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 …

4. Regina v. A.B.A. [Provincial Court of Alberta, Calgary – February 2017]

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 …