Telescope Constable Theriault Case Summary

Synopsis On January 18, 1997 officers from Metropolitan Toronto Police Force organized a command post that included a lookout station in an area where there was known to be illegal drug activity. The Police Force set up their post approximately 70 feet away from a Subway sandwich shop in an abandoned building that was across the street. By the use of a telescope Constable Theriault, saw the appellant who was a black male that was inside the shop. Constable Theriault had a clear view inside of the shop of the black male making transactions with persons that entered the shop and left receiving a substance from the appellant. Constable Theriault observed the appellant’s hand over a white substance between his thumb and forefinger within the palm of his hand. In relation to where this …show more content…
The employee involved in the incident testified that pedestrians passing by could not have seen the part of the sandwich shop where the search was being conducted from the outside unless they were to stand by the side of the window and look into it carefully, they would have then been able to catch a glimpse of the appellant’s leg. After pulling down the appellant’s pants and underwear, the officers proceeded to try and seize the plastic wrap with the white substance from the appellant’s buttocks. They were unsuccessful in all their attempts and stated that the appellant made it difficult for them because he would clench his muscles as tightly as he could which would prevent them from removing the package from his buttocks. Following the officers’ attempts to remove the package, the appellant accidentally defecated in the area where he was being searched, however, the package remained between his buttocks as it was not