There are a number of different types of drug offences ranging from being in possession of a drug for personal use, to possessing drugs for the purpose of trafficking or trafficking in narcotics, such as crack, cocaine or marijuana.
Often, the best way to defend these types of cases is to show that the drugs themselves were found in violation of a persons constitutional rights as guaranteed by the Canadian Charter of Rights and Freedoms. If an illegal search or detention can be shown on the part of police, the drugs themselves may be excluded from evidence at trial resulting in an acquittal.
As you can see from the cases below, Pinkofskys lawyers specialize in the exclusion of evidence as a result of illegal searches and investigations conducted by police. Our results speak for themselves.
***Click on the case name in order to read the full judgment***
R v. Dennis  - This is a case where evidence of marijuana possession, weapons, breach of bail and obstructing police are excluded from evidence at trial resulting in an acquittal due to the illegal stop, search and questioning by a Peel police officer of a passenger in a motor vehicle without just cause. The Judge found that the police officer had lied about the fact that Mr. Dennis did not have his seatbelt on in order to further an otherwise impermissible line of questioning. Counsel:
R v. Rachkovsky  - Mr. Rachkovsky was acquitted of possession of cocaine for the the purpose of trafficking after the Judge concluded that the officers had lied about whether Mr. Rachkovsky dropped a quantity of cocaine at his feet as officers approached him. The Judge found it more likely that the Police illegally searched Mr. Rachkovsky's vehicle to locate the drugs and subsequently fabricated their story about how they obtained the evidence after his arrest to cover up their unlawful actions. Counsel: Christian Angelini
R v. Sivagurnathan  - Evidence of a loaded handgun was excluded from the evidence at trial after the Judge ruled that the gun was found as a result of an illegal search after Sivagurnathan's arrest. The result of this ruling was that Mr. Sivagurnathan was acquitted of all of his charges. Counsel: Christian Angelini
R v. Taylor  - Ms. Taylor's charge of importing cocaine was "stayed" after the judge concluded that 27 months of delay from the day she was charged to the date of trial was unreasonable in the circumstances. Counsel: Carlos Rippell
R v. Palmer  - Ms. Palmer was acquitted of being in possession of cocaine after the Judge concluded that the police officer had lied when he testified that the drugs he found during the course of a traffic stop were located in plain view on the dashboard as he approached Ms. Palmer's vehicle. The Judge found that the officer likely fabricated this story in order to disguise the unlawful search he conducted on her vehicle prior to locating the drugs. Counsel: Nathan Gorham
R v. Hibbert  - Evidence of cocaine located on Mr. Hibbert was excluded from evidence at his trial for drug possession after the Judge concluded that the cocaine was found during the course of an illegal arrest. Mr Hibbert was acquitted as a result of the Judge's decision. Counsel: Nathan Gorham
R v. Mattis  - Evidence of drug possession for the purpose of trafficking were excluded from the evidence at trial on account of an improper strip search by police. Counsel: Reid Rusonik