1. Regina v. F.S.S. [Provincial Court of Alberta of Alberta, Calgary – January 2016]

The police executed a drug warrant on the home of FSS.  As a consequence of that search FSS was charged with a number of offences including: Possession of heroin for the purpose of trafficking contrary to section 5(2) of the Controlled Drugs and Substance Act. Possession of methamphetamine for the purpose of trafficking contrary to section 5(2) of the Controlled Drugs and Substance Act. BOTTOM LINE: Patrick Fagan was successful in having all criminal charges against FSS completely withdrawn.

2. Regina v. S.M.B. [Provincial Court of Alberta, Canmore – March 2016]

This is another PIPELINE case. An RCMP officer conducted a traffic stop of SMB’s vehicle for the purpose of conducting a “sobriety” check. During the course of that stop the officer, utilizing his Pipeline training, observed numerous indicators consistent with drug trafficking.  The officer detained SMB for a drug investigation, placed him in the rear of his police vehicle and conducted a search of SMB’s car. As a consequence of that search the police seized 80 liters of GHB – …

3. Regina v. S.I.S. [Provincial Court of Alberta, Calgary – April 2016]

The police received a complaint that persons unknown were prowling the neighborhood.  Consequently, the police stopped a vehicle occupied by 4 young men – SIS was driving.  The police immediately detected the overwhelming scent of fresh marijuana and placed all 4 men under arrest.  During the course of that arrest SIS stated (unwisely) to the police “this is my truck and all contents including cash, marijuana and the scale are mine”. A subsequent search of the vehicle revealed the presence …

4. Regina v. L.L.D. [Court of Queen’s Bench of Alberta, Calgary – April 2016]

LLD parked his van and entered a Canmore hotel.  Someone took issue with the manner in which LLD parked his van and called the police.  The police entered the hotel and apprehended LLD on the pretext of an impaired driving investigation.  During a pat down search of LLD the police seized small quantities of various drugs and placed him under arrest.  Subsequently, the police conducted a so-called “inventory” search of LLD’s van whereupon they discovered what they described as a …

5. Regina v. M.N.M. [Provincial Court of Alberta, Calgary – May 2016]

As the police approached a couple of “suspicious” vehicles they both took off.  The police stopped one of the vehicles (an SUV in which MNM as a passenger) whereupon they immediately detected a pungent scent of fresh marijuana.  The police arrested the driver and MNM for possession of marijuana and a search of MNM revealed the presence of approximately 1 ounce of powder cocaine, 1 ounce of crack cocaine and several hundred dollars in cash.  The police charged MNM with …

6. Regina v. B.B.B. [Provincial Court of Alberta, Turner Valley – May 2016]

As a consequence of information received from a confidential source the police obtained and executed a drug warrant on residential premises.  During the course of that search (BBB was home at the time) the police seized multiple pounds of individually wrapped marijuana, several thousand dollars in cash, a firearm, scales and score sheets.  BBB was charged with a number of offences including possession of marijuana for the purpose of trafficking contrary to section 5(2) of the Controlled Drugs and Substances …

7. Regina v. H.S.K. [Provincial Court of Alberta, Calgary – May 2016]

HSK was on bail for trafficking in heroin.  One of the release conditions prohibited him from being in possession of a cellular phone.  The police, operating an unmarked police vehicle, “observed” HSK using a cellular phone.  The police stopped HSK and arrested him for breaching his bail order.  A subsequent search of HSK’s vehicle by the police for the cellphone revealed the presence of multiple packages of heroin.  Remarkably . . . the cellular phone was not found (ie: there …

8. Regina v. B.R.R. [Provincial Court of Alberta, Canmore – July 2016]

This is another PIPELINE case. BRR was a passenger in a vehicle that was westbound on Highway #1 near Lake Louise. An RCMP officer was sitting in the median watching trafficking go by and he decided to pursue and stop the vehicle. Why? According to the officer, it had a “dirty unreadable license plate”.  The officer, utilizing his Pipeline training, developed grounds to suspect that the vehicle contained drugs so he detained BRR and the driver.  During the course of …

9. Regina v. S.N.M. [ Court of Queen’s Bench of Alberta, Calgary – August 2016]

This is another PIPELINE case. According to the RCMP they pulled SNM over for speeding.  During the traffic stop the police, employing their Pipeline training, formulated the suspicion that SNM was transporting drugs.  Consequently, a police drug dog was summoned to the scene and deployed on the vehicle.  The dog “hit” whereupon the police conducted the search of the vehicle resulting in the seizure of approximately 4000 grams of cannabis resin (oil) in a multitude of jars, another ½ kilogram …

10. Regina v. C.M.M. [Provincial Court of Alberta, Canmore – August 2016]

The RCMP intercepted CMM on radar at a speed of approximately 160 km/h westbound on Highway #1.  During the course of the stop the police observed indicia consistent with impairment of his ability to operate a motor vehicle by alcohol and arrested him for impaired driving.  During the course of a “pat down” search the police seized a baggie containing cocaine.  CMM was charged with impaired driving, over .08, dangerous driving and possession of cocaine. Patrick Fagan entered pleas of …

11. Regina v. K.K.A. [Provincial Court of Alberta, Strathmore – September 2016]

This is another PIPELINE case. KKA was eastbound on Highway #1 near Strathmore.  A member of the RCMP pulled KAA to the side of the road.  Why? According to the officer, he couldn’t determine if her seatbelt was affixed or not.  When the officer approached the driver’s side of the vehicle, it was obvious that the driver was wearing a seatbelt. While at the driver’s door the officer employed his Pipeline training and formulated grounds to detain KAA.  The officer …

12. Regina v. B.E.C. [Court of Queen’s Bench of Alberta, Calgary – September 2016]

At the conclusion of a lengthy investigation the CPS Tactical Unit executed a drug warrant on residential premises.  BEC was found inside along with a hydroponic marijuana grow operation, over 300 grams of powder cocaine, processed bud, scales, multiple cellular phones and approximately $9,000.00 cash.  As a consequence BEC was charged with a multitude of offences including: Production/cultivation of marijuana Possession of cocaine for the purpose of trafficking Possession of proceeds of crime Patrick Fagan elected trial by way of …

13. Regina v. K.U.Q. [Court of Queen’s Bench of Alberta, Calgary – September 2016]

Police observed a vehicle operated by KUQ traveling at an excessive rate of speed.  Consequently, police conducted a traffic stop whereupon they detected a strong odor of fresh raw marijuana, observed several traces of a “green leafy substance” and hence believed that KUQ was in possession of marijuana.  KUQ was arrested and during the course of a pat down search the police located on his person over $3,000.00 cash, 3 cellphones and a clear plastic baggie containing multiple pieces of …

14. Regina v. S.J.S. [Provincial Court of Alberta, Cochrane – November 2016]

This is another PIPELINE case. SJS was southbound on Highway #22 near Cochrane when he was pulled over by the RCMP. Why? According to the police, the vehicle had “tinted tail lights”.  Upon stopping the vehicle the RCMP officer, employing his Pipeline training, formulated grounds to believe that SJS was in possession of a controlled substances and placed him under arrest. A subsequent search of the vehicle revealed the presence of multiple fentanyl pills, bags of cocaine and bags of …

15. Regina v. D.C.R. [Provincial Court of Alberta, Canmore – November 2016]

As a result of information received from a confidential source police obtained a drug warrant and searched the home of DCR and spouse.  During the course of that search police seized several pounds of marijuana and ultimately charged DCR and spouse with possession of marijuana for the purpose of trafficking. Patrick Fagan entered pleas of not guilty and scheduled the matter for trial. BOTTOM LINE: DCR’s primary objective was to stay out of jail.  Due to the fact that DCR …

16. Regina v. G.A.E. [Provincial Court of Alberta, Calgary – November 2016]

Police executed a drug warrant search on residential premises in northeast Calgary. Although GAE was not a permanent resident of the home, when the police entered he was in proximity to a multitude of fentanyl pills scattered about the floor where he was apprehended.  The police charged GAE (and the other occupant of the premises) with possession of fentanyl for the purpose of trafficking and possession of proceeds (cash) of crime.  Patrick Fagan entered pleas of not guilty and scheduled …

17. Regina v. H.S.K. [Provincial Court of Alberta, Calgary – November 2016]

Police received an anonymous tip relative to the importation and sale of heroin and cocaine into Canada.  Consequently, the police engaged in a lengthy investigation which culminated in HSK’s arrest and corresponding search of the motor vehicle he was driving at the time.  A search of that vehicle revealed the presence of several thousand dollars worth of heroin separated into multiple packages. The police also executed a drug warrant on HSK’s residence where they seized various quantities of cocaine, marijuana, …

18. Regina v. B.K.G. [Provincial Court of Alberta, Edmonton – November 2016]

BKG was parked outside a bar in downtown Edmonton when the police approached and observed an open bottle of vodka on the floor.  When the police asked BKG to hand it over he promptly poured it out. The police arrested BKG for obstruction and during the course of a search of BKG the police found several grams of marijuana in his pocket.  The police charged BKG with possession of marijuana contrary to section 4(1) of the Controlled Drugs and Substances …

19. Regina v. L.L.M. [Court of Queen’s Bench of Alberta, Calgary – December 2016]

A Special Enforcement Unit of the Calgary Police Service received information that LLM was trafficking in a controlled substance at the wholesale level.  By way of surveillance police established LLM’s primary residence and that, according to the police, he was coming and going from his home while engaged in activity consistent with drug trafficking.  Police obtained a warrant to search LLM’s home and upon entry found LLM at the top of the stairway.  As a consequence of the search the …

20. Regina v. C.C.C. [Court of Appeal of Saskatchewan, Regina – December 2016]

This was an appeal from conviction following a 1 month trial for conspiracy to traffic in multiple kilograms of cocaine.  The trial was conducted by Patrick Fagan’s associate Ms. Kaysi Fagan.  While numerous grounds for appeal were alleged, the primary err of consequence concerned the issue of Crown disclosure. The underlying facts are relatively straightforward.  On the eve of commencement of trial the Crown discovered a second electronic disclosure database containing thousands of documents which may or  may not have …