Cell Phones Are Not Tracking Devices
- July 16, 2016
- Clayton Rice, K.C.
On August 27, 2015, a DEA technician entered a building in the Washington Heights neighbourhood of New York City with a Stingray device that led him to Raymond Lambis’ apartment. Agents then knocked on the door. Lambis was home. He…
Lifeline to the Outside World
- July 10, 2016
- Clayton Rice, K.C.
On June 25, 2010, Eneido Pino came out of the house at 21 St. Claire Avenue in Ottawa and put a box in the trunk of her car while the police, armed with a search warrant, had it under surveillance….
Canaries in the Coal Mine: A Dissent That Matters
- July 2, 2016
- Clayton Rice, K.C.
On June 20, 2016, the Supreme Court of the United States released its split 5-3 ruling in Utah v Strieff, 579 US _ (2016) holding that evidence seized during an unlawful police stop is admissible at trial when an outstanding…
Statements from the Dock
- June 18, 2016
- Clayton Rice, K.C.
The defendant in a trial at common law has the right to make an unsworn statement from the dock before Crown counsel and defence counsel address the jury or “sum up” in a trial before a judge alone; and, before…
Drugs Tossed by Ontario Court of Appeal, Again!
- June 2, 2016
- Clayton Rice, K.C.
On April 12, 2013, Philippe McGuffie was convicted of possession of cocaine for the purpose of trafficking in a case reported as R v McGuffie, 2013 ONSC 2097. Although the police arbitrarily detained McGuffie, breached his right to counsel and…