Pubdate: Thu, 24 Jun 2004 Source: Nelson Daily News (CN BC) Copyright: 2004 Nelson Daily News Contact: http://www.nelsondailynews.com/ Details: http://www.mapinc.org/media/288 Author: Kathy Kiel AMSTERDAM-STYLE CAFE OWNERS FACE CHARGES Police Cross-Examined by Couple Who Alleges the Bust of Their Cafe Was an Unreasonable Search Owners of the Melting Pot Cafe in Winlaw were in Nelson court this week to question the validity of a RCMP raid of their business, saying it went against their rights enshrined in the Charter of Rights and Freedom. "There is a suggestion that a search warrant was not produced at anytime by anyone," Crown counsel Rob Brown told the court, yesterday. Two Winlaw residents, Nichola J. McGinn and Michael J. Garand, are facing charges of possession of marijuana for the purpose of trafficking after a May 30, 2003 sting at their cafe. The bust and subsequent search warrant came after two undercover officers allegedly purchased pot from McGinn in her store. Cst. William Striker told Judge Ron Fabbro there was a basket of "green plant-like material" on display in the Melting Pot Cafe when Mounties executed the search warrant. Also found inside the store were candles, pipes, scales, rolling papers and marijuana-related literature. A sign at the front of the store stated: "The pot is at the end of the rainbow. The Melting Pot Cafe is Winlaw's 'budding' Amsterdam Cafe. We have pot, weed, marijuana, ganja, whatever you want to call it, packaged and on display for the cannabis culture connoisseur." McGinn and Garand are representing themselves in court in defense of the charges. During Striker's cross-examination by McGinn, the officer admitted that he failed to produce McGinn - who was at the store at the time of the bust - with the RCMP search warrant nor did he recall handing the warrant to her. "I never produced you with a copy of the warrant. No I did not," Striker said. "I had it in my pocket...it was kind of a rush thing, She was being uncooperative, resistant and vocal." Striker said his main concern at the time was arresting McGinn for trafficking marijuana and ensuring the evidence would not be destroyed inside the store. The court repeatedly saw videotape from a digital camcorder operated by McGinn as police raided her shop. The 20-second clip featured the authorities moving in on the storeowner. "You are not permitted to be here," McGinn told the police on the video. "I am a sovereign citizen. Show me the corpus delecti [a body of writing outlining the ingredients of the offense i.e. the search warrant]. Show me the corpus delecti." As the videotape proceeds, Cst Peter Maw noticed McGinn was taping the execution of the search and continued to repeat "show me the corpus delecti," He then attempted to take the handheld camera away from her. Maw said that from a police perspective, because of McGinn's "combative" manner, he was worried the camera could double as a weapon. "I don't know what's in your head and I don't know if you're going to smash someone in the head with the camera," Maw told McGinn during his testimony. The Mountie was able to pry the camera from McGinn and the video shows the camera moving around the scene erratically as Maw grabbed her arm to seize the item. The camera and tapes were later returned to the owner after being taken into police custody. The case was adjourned yesterday and Fabbro said it will resume once a date has been fixed. McGinn told the Daily News outside the Nelson Court House that she was selling pot out of the store, which also sold aromatherapy products, organic coffee and mate. She also admitted that minors would frequent the store and purchased marijuana. "In reality we're not disputing the facts of the case because straight up we were obviously doing it and we feel we have the right to do that," McGinn said, adding they are pleading not guilty to the charges. McGinn said the whole case rubs her the "wrong way" because marijuana is a part of the lifestyle in the area. "Let's face the truth, this is the local custom and culture and it has been for a long time. It's part of the economy. It's a big draw for tourism - even for Nelson. A lot of people come here for the pot and they're forced to buy it on the street corner and often they're getting ripped off and they're not getting to taste the high quality product that is produced in the Kootenays." - --- MAP posted-by: Richard Lake