Justice Alison Beames ruled Monday the arrest of Curtis Sagmoen in September 2017 was lawful.
Sagmoen, 38, is accused of threatening a sex worker at gunpoint near Falkland in August 2017. He was arrested in September after a traffic stop near the residence.
In the trial’s third voir dire, Defence lawyer Lisa Helps argued the arrest was made with insufficient evidence and should be deemed invalid.
Justice Beames ruled against this and evidence from the vehicle search can be used in trial proper.
Last week, Helps challenged the roadside search of Sagmoen’s truck — used to obtain his cellphone as evidence — stating it violated his Charter rights. The argument was dismissed by Justice Beames on Dec. 13.
Helps also sharpened her focus Friday on the fact police narrowed their investigation onto Sagmoen a few days after the offence took place. She said how “significantly narrowed” the investigation was on Sagmoen points to the issue that there was no investigation into any other suspects.
Court is to resume Tuesday, Dec. 16, at 10 a.m. and the court will hear several witness accounts from police and civilians.
In October 2017, the Sagmoen family property became the subject of an extensive search. The remains of Traci Genereaux were found on the Salmon River Road property, but no charges have been laid in relation to her death.
Sagmoen is facing several charges including uttering threats, disguising his face with intent to commit an offence, pointing a firearm.
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Caitlin.clow@vernonmorningstar.com
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