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E44| Incorrectly identifying individual during investigation. Did it invalidate illicit drug arrest?
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In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Whitfield, 2023 ONCA 479 where the police misidentified their arrestee. Did this misapprehension undermine the officer’s reasonable grounds, rendering the arrest unlawful and the subsequent incidental search — and seizure of fentanyl — unreasonable? Or was this mistake inconsequential to the lawfulness of the arrest? And what about police action taken at a time it was supported in the jurisprudence but several years later turned out to be incorrect in law?…
The skinny
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