R v. RSS [Court of Queen’s Bench of Alberta, Calgary – October 2022]

Not Guilty Verdict

At the conclusion of a 1-week trial RSS was found NOT guilty of ALL charges including: 

  • Possession of methamphetamine for the purpose of trafficking .
  • Possession of cocaine for the purpose of trafficking. 
  • Possession of fentanyl. 
  • Possession of cannabis marijuana for the purpose of trafficking.
  • Possession of proceeds of crime. 

 

SUMMARY: The police received information from a confidential informant that RSS was trafficking in kilograms of cocaine and methamphetamine in the City of Calgary. The police launched an extensive investigation which involved surveillance during which activity consistent with drug trafficking was observed. The police obtained various warrants and ultimately seized drugs, scales, packaging material and cash from RSS’s BMW and apartment. Ultimately, Patrick Fagan was able to call evidence for the Defence which raised a reasonable dou bt as to the guilt of RSS resulting in NOT guilty verdicts on ALL charges.

 

DETAILED BREAKDOWN OF EVIDENCE AT TRIAL:

  1. At approximately 8:55 a.m. on April 15, 2021, the Calgary Police Service (“CPS”) Tactical Unit (the “TAC unit”) executed various Search Warrants. 
  2. The TAC unit entered the suite, announced “Calgary Police Search Warrant,” entered the bedroom and observed RSS lying on the left side of the bed and a female on the right side of the bed. RSS was in his underwear. She was immediately arrested for possession for the purpose of trafficking but released shortly thereafter without charges.
  3. The police recognized RSS from a photograph provided and asked his name to which RSS responded accordingly. 
  4. At 8:55 a.m., RSS was arrested for possession of drugs for the purpose of trafficking and proceeds of crime. The police placed the RSS in handcuffs after he was dressed.
  5. At 8:58 a.m., the police read the Charter and Caution to RSS. RSS responded “Yes” to understanding and “Ya I do” when asked if he wanted to call a lawyer. 
  6. At 9:01 a.m., the police showed RSS a copy of the warrant, read it to him and placed a copy of the warrant on the nightstand.
  7. The police brought RSS downstairs to his unmarked police vehicle. Once at the vehicle, RSS confirmed his name and date of birth verbally. 
  8. At 9:07 a.m., the police read RSS the CPS Arrest Script for trafficking in a controlled substance, possession of a controlled substance for the purpose of trafficking and possession of property obtained by crime, as well as provided RSS with the Charter and Caution. 
  9. RSS responded, “Not at this time” when asked if he wished to call a free lawyer or any other lawyer. 
  10. At 9:14 a.m., the police transported RSS to the district office and arrived at 9:36 a.m. 11. At 9:42 a.m., the police provided RSS with access to the washroom. 
  11. At 9:51 a.m., the police provided RSS with access to call a lawyer, placed him in phone booth two and advised RSS to knock when done. 
  12. At 9:52 a.m. the police transferred custody of RSS to a Detective. 
  13. At 9:20 a.m. the police located a BMW key on the kitchen counter. 
  14. At 9:30 a.m., the police seized an Apple iPhone from the bedroom nightstand, placed it in Airplane mode and into a Faraday Bag, marked as Exhibit SDSS-1. 
  15. At 9:32 a.m., the police seized four cell phones from the kitchen counter, marked as Exhibit SDSS-2: 
  16. SDSS-2a: White Apple iPhone 5;
  17. SDSS-2b: Dark Grey/Black Samsung;
  18. SDSS-2c: Apple iPhone clear case with Apple sticker; and 
  19. SDSS-2d: Samsung Galaxy with plastic case.
  20. The police located vehicle keys in the master bedroom on a table in the corner of the room, marked as Exhibit SDSS-3: 
  21. SDSS-3a: BMW keys and
  22. SDSS-3b: Car keys.
  23. At 9:37 a.m., the police located a black Samsung cell phone with a cracked screen in a brown box, marked as Exhibit SDSS-4.
  24. At 9:48 a.m., the police located from the walk through closet, a black bag containing 292 grams of marihuana, marked as Exhibit SDSS-5 and an electronic scale in a blue box, marked as Exhibit SDSS-6.
  25. At 9:58 a.m., the police seized a Good Food cardboard box from the master closet, marked as Exhibit SDSS-7. The box contained:
  26. SDSS-7a empty baggies; 
  27. SDSS-7b battery pack; 
  28. SDSS-7c scale; and 
  29. SDSS-7d empty baggie. 
  30. At 10:04 a.m., the police seized from the southeast corner of the master bedroom a Silver Apple Laptop, marked as Exhibit SDSS-8 and two memory cards, marked as Exhibit SDSS 9. 
  31. At 10:06 a.m., the police $6715 in Canadian currency (51 x $5, 5 x $10, 243 x $20, 15 x $50, 7 x $100) from an open safe in the wall of the walk through closet, marked as Exhibit SDSS 10. 
  32. At 10:07 a.m., the police seized BMW documents in the name of RSS from the southwest corner of the master bedroom, marked as Exhibit SDSS-11 (Appendix #2). 
  33. At 10:15 a.m., the police seized $505 in Canadian currency (3 x $5, 12 x $20, 5 x $50) located in the left side pocket of a black furry jacket in the front entrance closet, marked as Exhibit SDSS-12.
  34. At 10:18 a.m., the police seized the following items from the kitchen: 
  35. $3465 in Canadian currency (1 x 5, 8 x $10, 119 x $20, 14 x $50, 3 x $100) located in the top drawer to the right of the stove, marked as Exhibit SDSS-13; 
  36. A scale lid in the top drawer to the right of the stove, marked as Exhibit SDSS-14; c. An electronic scale black located in the drawer to the left of the stove, marked as Exhibit SDSS-15;
  37. An electronic scale blue located in the drawer to the left of the stove, marked as, Exhibit SDSS-16. 
  38. At 10:31 a.m., the police seized, from the kitchen counter, the residential agreement for the apartment, marked as Exhibit SDSS-17 (Appendix #3). 
  39. At 10:38 a.m., the police seized from the top drawer left of the oven in the kitchen a wallet in the name of an adult 3rd party. 
  40. At 10:43 a.m., the police seized an electronic scale from the kitchen cabinet next to the fish tank, marked as Exhibit SDSS-20. 
  41. At 11:05 a.m. the search of the apartment concluded and the front door secured. 30. RSS is the registered owner of BMW (the “BMW”) (Appendix #4).
  42. At 9:20 a.m., the police took the elevator down to the parkade and observed that the BMW key illuminated the BMW.
  43. At 9:36 a.m., the police began searching the BMW, 
  44. At 9:38 a.m., the police located an insurance document for the BMW in the front, passenger side glove box in the name of RSS. 
  45. At 9:52 a.m., the police located in the trunk of the BMW, a small Amazon box with what appeared to be garbage inside.
  46. The police took each piece out of the Amazon box and located a small Boston Pizza box which contained two items: a ziplock bag of what appeared to be crystal like rocks about 2/3 full, marked as Exhibit 4760-100 and a small saran wrapped white rock substance twisted inside, marked as Exhibit 4760-101.
  47. At 11:50 a.m., the police attended the Evidence and Property Unit to book in the exhibits.
  48. At 12:17 p.m., the police changed gloves and examined Exhibit 4760-100. The ziplock bag contained, in its entirety, 145 grams of white crystal substance.
  49. The police portioned out a crystal which weighed 0.2grams, marked as Exhibit 4760-100a, and submitted it for analysis in Health Canada envelope BC0208658.
  50. Certificate of Analyst BC0208658 was found to be methamphetamine (Appendix #6).
  51. It was agreed for trial purposes that the 145 grams of methamphetamine seized from the BMW is inconsistent with personal use and consistent with trafficking.
  52. Continuity of all exhibits was admitted.
  53. All these events took place in the City of Calgary in the Province of Alberta. 

 

Verdict

THE CROWN DID NOT APPEAL THE VERDICTS OF NOT GUILTY AND RSS REMAINS A PERSON WITHOUT A CRIMINAL RECORD TO COMPLICATE HIS/HER LIFE.