Michael Purcell was charged with various drug offences including production and possession for the purpose of trafficking.  At trial Purcell brought an application to have evidence discovered by a police search of his home excluded due to a breach of section 8.

The search was conducted in response to a 911 call. Murray J dismissed the application: 2012 CarswellOnt 7187 (SCJ).

On December 26, 2009 a 911 call was placed from Purcell's residence. It was 2:04 am; the dispatcher could hear a male and female voice arguing in the background. There was yelling and swearing.