Pubdate: Thu, 15 Jan 2009 Source: Toronto Star (CN ON) Copyright: 2009 The Toronto Star Contact: http://www.thestar.com/ Details: http://www.mapinc.org/media/456 Author: Tracey Tyler Bookmark: http://www.mapinc.org/find?216 (CN Police) TOY GUNS CAN'T JUSTIFY SEARCH, COURT SAYS Appeals Court Upholds Drug Acquittal, Saying Police Action Needless Federal prosecutors have failed to persuade the Ontario Court of Appeal the presence of toy guns inside a vehicle should be grounds for a police search. The case involves John Aselford, who was driving home with friends in his pickup truck in July 2003 when he was pulled over by police in Bells Corners, near Ottawa. The Crown argued police were justified in stopping Aselford and searching his truck for "safety" reasons after discovering several spring-powered toy Airsoft guns inside. During the search, officers found bags containing nearly 300 grams of marijuana. Aselford was acquitted of drug charges in 2007 by a judge who didn't believe Const. Shelley Pender's claim that, at the precise moment she pulled the guns forward to inspect them, a bag of drugs fell to the floor. On appeal, federal prosecutors Rod Sonley and Rosemarie Fincham argued that a Supreme Court decision two years ago involving a gun call at a Brampton strip club confirmed police can search cars and their occupants for weapons if public safety is at risk. In this case, it was because officers had been responding to a report of a gunshot in the area and it was possible Aselford might have also had real guns in his truck, they argued. But Jonathan Dawe and Karen Ann Reid, Aselford's lawyers, said the Supreme Court ruling didn't provide police with "untrammelled detention powers every time a gun or gunshot is reported." In a brief written judgment released yesterday, a three-judge appeal panel said the problem with the Crown's submission is that Pender herself indicated her safety wasn't at risk and she didn't need to keep searching "once she knew that the guns in the back seat were toys." - --- MAP posted-by: Jay Bergstrom