Pubdate: Fri, 29 Jun 2007 Source: Sudbury Star (CN ON) Copyright: 2007 The Sudbury Star Contact: http://www.thesudburystar.com Details: http://www.mapinc.org/media/608 Author: Bob Vaillancourt DRUG CASE ENDS IN FINES FOR PAIR Validity Of Search Warrant For Car Key To Plea Bargain Two people caught selling crack cocaine in Sudbury escaped jail Thursday after the federal drug prosecutor acknowledged there would have been some legal issues had the charges gone to trial. Instead, Dwayne Brown, 26, and Nancy Morissette, 28, were fined $1,500 each after pleading guilty to possession of crack for the purpose of trafficking. These are "extremely unique circumstances," said lawyer Bob Beckett, who represented Morissette. Drug prosecutor Pierre Bradley said a first-time informer called police in December 2005 to say that two people were driving around town in Pontiac Sunbird making crack cocaine deliveries. A short time later, police spotted the vehicle in a parking lot off Jogues Street. Both Morissette, who was behind the wheel, and Brown were arrested after police found about five grams of marijuana. They were taken to police headquarters, charged and released. However, police impounded the car in anticipation of getting a search warrant to look inside. But it took three attempts over two days before police were able to satisfy the courts that a search warrant for the vehicle should be issued. Inside the vehicle, police found six ounces of crack cocaine, two cellphones, a debt list, digital scales and $140 in cash. His client was aware, Beckett said, that if she had gone to trial there was a chance the search of the vehicle may have been ruled illegal and the results not allowed in evidence. On the other hand, he said, she was also aware that if the search was ruled legal and she was convicted, she would be facing jail. It was on that basis, he said, that he and Brown's lawyer, Gary McMahon, agreed to the plea bargain. "I don't want the public at large to get the impression we are going soft," said Ontario Court Justice Randall Lalande in accepting the plea arrangement. The sentencing proposal, "at first glance" may appear unusual, he said, but it reflects "the strengths and weaknesses of the case." In addition to the fine, both Brown and Morissette will be on probation for one year. The material found in the car, including the cash, was ordered confiscated. Brown and Morissette were prohibited from owning firearms for 10 years. - --- MAP posted-by: Derek