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The police knocked on the trailer door, and shouted "police", but there was no reply. Guns drawn, the police entered. They found Feeney in bed and shook his leg to get his attention. The police asked him to get up and go outside where the light was better. Upon getting Mr. Feeney outside, the police
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Upon questioning him, Mr. Feeney said that the blood was from getting hit by a baseball the day before. The police further noted the same brand of cigarettes in the trailer as was found in Mr. Boyle's house. He was taken to an RCMP detachment, finger printed, made to use a breathalyzer, and for the
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first day or so was unsuccessful in contacting a lawyer. During this time, he was questioned further, admitting he had hit and robbed Boyle. Once a search warrant was obtained, the police found Boyle's stolen property in the trailer. It was only after all of this that he finally met with a lawyer.
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home from several severe blows to the head with a crowbar. At the scene, the police found a
Sportsman brand cigarette, and later found Mr. Boyle's truck abandoned in a ditch. On a tip from local residents, the police located the driver of the truck, Michael Feeney, sleeping in a trailer behind the
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on warrantless arrests in a dwelling, which held that a police officer could only arrest if there are "reasonable and probable grounds" to believe that the person is on the premises, the proper announcement is made before entering, and that the officer reasonably believes that the person has
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is held by the trial judge to review the evidence in question before it is presented to the court or jury. This helps to ensure that any evidence brought before the courts has been legally seized by the police and that it does not bring the administration of justice into disrepute.
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2 S.C.R. 13; (1997), 146 D.L.R. (4th) 609; 6 W.W.R. 634; (1997), 115 C.C.C. (3d) 129; (1997), 44 C.R.R. (2d) 1; (1997), 7 C.R. (5th) 101
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noticed his clothes were covered in blood. They read him his rights, he acknowledged he understood them, and they arrested him.
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Two dissents were written, one by L'Heureux-Dubé J., with
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Exclusionary rules of evidence based on section 8 violations of the
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is bad law in post-Charter law and that any entry into dwellings must be done with a warrant.
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The majority was written by
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On the morning of June 8, 1991, 85-year-old Frank Boyle was found dead in his Likely,
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Sopinka J., joined by LaForest, Cory, Iacobucci, and Major JJ.
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L'Heureux-Dubé J., joined by
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54:Michael Feeney v Her Majesty The Queen
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