In 1991, on June 8, police found Frank Boyle dead in his house. It was discovered that he died of several crowbar blows on the head. At the scene of crime the police found truck belonging to Mr. Boyle. As recommended by the local residents, officers decided to look for Michael Feeney, the truck driver. He was found in a trailer that was located nearby a residence of his friend.
The police first knocked on the door that led to the trailer, but there was silence in answer. They entered and saw Feeney sleeping in bed. Officers shook Feeney’s leg and told him to go into the light to see him in a clear way. After seeing that he had blood spots on clothes, they read his rights to him and arrested Mr. Feeney. As a result of the questioning, he admitted he had robbed and hit Mr. Boyle. The stolen property was found in the trailer. He was convicted of second degree murder as a result of a trial in the Supreme Court of British Columbia.
R. v. Feeney case that took place in 1997 dealt with the question whether the police actions when arresting Mr. Feeney didn’t violate the section 8 Charter right that ensures security of people from unreasonable search or seizure, as well as the right on detention or arrest and instruct counsel without delay and to be informed of that right (section 10(b)) in the investigation of the accused, and what evidence should be excluded under section 24(2).
As a result of the case proceeding, it was found that the arrest was lawful and that the police fulfilled their obligations under section 10(b). Charter breach also didn’t occur and it wasn’t necessary to consider section 24(2).