R v. AM [Court of Justice, Calgary – December 2023]

SUMMARY: AM was operating a motor vehicle that was stopped by the  police for “speeding” and “swerving between lanes”. For some reason the  police formed the opinion that AM had just been involved in a drug  transaction so they arrested AM and searched him and his car. The police  discovered the presence of multiple packages of crack cocaine and cash. AM  was charged with possession of cocaine for the purpose of trafficking and  possession of proceeds of crime. 

RESULT: Patrick Fagan was successful in having all charges completely  withdrawn as a consequence of the unconstitutional nature of the search and  seizure.