Question
On Saturday, January 6 th , 2024 the victims were at the Delaware Pub located at 702 Ossington Ave in the City of Toronto, in
On Saturday, January 6th, 2024 the victims were at the Delaware Pub located at 702 Ossington Ave in the City of Toronto, in the Toronto Region. They were there between 4:00 pm and 6:00 PM having dinner and working on an assignment from school. Each of the victims had two pints of beer over two hours. Neither can recall having seen the suspects before this incident.
Synopsis:
On Saturday, January 6th, 2024, at approximately 6:20pm the two victims were returning to CLARK's apartment. They entered the apartment building using CLARK's pass card to unlock the door. SAMUELS heard a voice behind him say, "Hold up!". In response to this request SAMUELS held the door open for a male who would later be identified as the suspect, ROBBER. ROBBER, CLARK, and SAMUELS went to the fourth floor in Elevator #2.
As CLARK and SAMUELS entered the apartment, ROBBER pushed in behind them (Charge #1). SAMUELS was knocked down in the entryway. CLARK fought with ROBBER which ended up with both of them in the hallway exchanging blows. ROBBER eventually broke free of CLARK and charged back into the apartment with CLARK following. This exchange was noticed by security and police were called. During the ensuing fight within the apartment all three parties received broken and bloody noses from punches. ROBBER was able to steal CLARK's keys, and wallet ($45 cash, and Mastercard, and ID).ROBBER also stole SAMUELS' courier bag (laptop computer, Evidence and Investigations textbook).
SAMUELS called police to report the theft and provided a description of the suspect including he was wearing a green jacket and Carhartt brown toque.
Responding to the security guard's 911 call for a home invasion robbery, PC Mike NORMAN arrived at 2099 Bloor Street at 6:25 pm. While going up the stairs NORMAN heard what he thought was the fourth floor door open with a crash and footsteps descending towards him at a running pace. NORMAN saw a man with a bloody face, bloody hands, wearing a green jacket and Carhartt brown toque approaching him at a running pace. NORMAN said, "Police Don't move!" ordering the male to stop. NORMAN was in uniform and easily identifiable as a police officer. NORMAN shouted, "Stop, you are under arrest." As the male approached NORMAN he jumped and hit NORMAN in the chest with his right hip causing both to fall down the stairs. NORMAN was able to gain physical control of the suspect. Neither party sustained injury from the interaction in the stairwell. The suspect was searched incident to arrest. The stolen property was recovered. The suspect's phone was unlocked. The screen visible was a text thread. The last message was "2099 Bloor Street West". A wallet with the proper ID of Matthew ROBBER was also located. The accused was brought to the station for investigation.
Name | Student # | |||
ITEM | Does the accused have an Expectation of privacy? Why/Why not? | Form of Evidence (Real, Document, Statement) (p. 5-6) | Authorization (type of warrant, type of exception, other) (p. 50-60) | Probative value. What fact in issue is proved by the item. The same fact may be proved more than once. |
Suspect's Brown Carhartt toque | Yes. Personal property | Real | Search Incident to Arrest | Identifies suspect. |
VIDEO Delaware Tavern. | No. Public place | Real | Consent of bar owner as owner of the video | May locate Suspect following victims near Delaware Tavern |
Statement from CLARK | No. | Statement | None required. No REOP | CLARK's observations of offence |
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1 Expectation of Privacy Accuseds Property The accused Matthew Robber does not have an expectation of privacy regarding the stolen property wallet key...Get Instant Access to Expert-Tailored Solutions
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