Pubdate: Wed, 10 Dec 2008 Source: Province, The (CN BC) Copyright: 2008 Canwest Publishing Inc. Contact: http://www.canada.com/theprovince/letters.html Website: http://www.canada.com/theprovince/ Details: http://www.mapinc.org/media/476 Author: Keith Fraser, Staff Writer DRUG CHARGES DISMISSED AFTER JUDGE FINDS SEARCH A VIOLATION Charges have been dismissed against an alleged cocaine trafficker after a judge found a police pat-down search and a search of the accused's vehicle were in violation of his rights. On Jan. 12, 2006, an RCMP officer received a message saying that a drug deal had taken place. A description of the vehicle involved was given. A few minutes later, on 200th Street in Langley, the cop pulled over a vehicle of the same description and licence plate number being driven by Marco Ivaca Tomasevich, 23. Tomasevich's Chevy Impala was going 85 in a 70 km/h zone. On approaching the vehicle the cop noticed a sweet chemical smell he associated with drug dealers and methamphetamine labs. A computer check found Tomasevich had a prior conviction for uttering threats. Tomasevich signed a consent form allowing a search of his vehicle. The police decided to do a pat-down search for safety reasons and Tomasevich agreed to it, pulling a plastic bag out of his pocket containing six individually wrapped rocks of crack cocaine and claiming it was owned by a friend. He carried $395 and a cellphone. A search of the vehicle revealed two more cellphones, one of them ringing constantly, seven grams of pot and a digital weigh scale. When the cop answered the ringing phone, he heard the caller ask "Mark" if he could get an ounce for $90. In a 13-page ruling, B.C. Supreme Court Justice John Truscott found no problems with many of the actions of the officers, but ruled that prior to asking for consent to the search, the cops should have advised the accused of his right to consult a lawyer. "I find that the pat-down search was an unnecessary interference with the accused's liberty and a violation of his rights," Truscott said. The judge concluded the seizure of the cocaine was unreasonable and the drug evidence should be excluded. Lacking any evidence, charges of possession of cocaine for the purpose of trafficking and possession of cocaine were dismissed against Tomasevich. Prosecutors are reviewing the ruling. - --- MAP posted-by: Larry Seguin