Regina v. P.R. [Calgary Provincial Court, September 2013]

The police received information from multiple confidential informants that P.R. was dealing crack cocaine. After extensive police surveillance a search warrant was obtained and executed on P.R.’s home. The police found P.R. alone the in the residence sitting beside a bag of approximately a pound of crack cocaine and $40,000.00 cash. R.P. was promptly arrested and charged with possession of crack cocaine for the purpose of trafficking, possession of proceeds of crime and three counts of breach of a court order. The case against P.R. was very compelling and the Crown’s pre-trial resolution offer was 5-6 years imprisonment in exchange for a timely guilty plea. The offer was rejected and the case scheduled for trial. At trial Ms. Fagan attacked the constitutional validity of the search warrant and was successful in excluding all material evidence (including the crack cocaine and cash) from trial proceedings. Bottom line: Ms. Fagan secured verdicts of not guilty on all charges. Ms. Fagan was also successful in recovering all cash seized by the police.