Pubdate: Fri, 13 May 2011
Source: Red Deer Advocate (CN AB)
Copyright: 2011 Black Press
Contact: http://drugsense.org/url/QU97nuCm
Website: http://www.reddeeradvocate.com/
Details: http://www.mapinc.org/media/2492
Author: Jack Wilson, Red Deer Advocate

JUDGE TO RULE WHETHER MAN'S RIGHTS WERE VIOLATED

The fate of an accused drug dealer who was allegedly nabbed with about
$35,000 worth of crack cocaine and a concealed handgun hinges on a
judge's decision about whether his constitutional rights were violated.

Red Deer Court of Queen's Bench Justice Monica Bast is expected to
make a ruling today if Samir Mohamed's rights were violated when he
was arrested and charged following a routine traffic stop on Feb. 11,
2009, in Sylvan Lake.

Federal Crown prosecutor Dave Inglis and defence lawyers Aleksandra
Simic and Shawn Beaver entered into a voir dire to determine if during
the arrest the accused was properly read his rights under the Charter
of Rights and Freedoms.

Since Bast is judging the case alone, there is no ban on voir dire
information, as would be the case in a jury trial.

Mohamed faces 10 charges, including two counts of trafficking in a
controlled substance, possession of a controlled substance, carrying a
concealed weapon, possession of the proceeds of crime, three counts of
possession of unauthorized weapons and three other weapons offences.

Mohamed, 22, was charged with the traffic violation by RCMP Const.
Sabrina Caterini about 1:50 p.m. when she saw the accused make an
illegal U-turn.

Caterini said she noticed Mohamed leaning over into the front
passenger seat rummaging around when she stopped directly behind him.

She testified he was "sweating profusely" and looking away from her
when answering questions about his driver documents.

Caterini said she noticed a "very strong skunky odour" of fresh
marijuana coming from the vehicle.

She asked the accused if he had marijuana and he replied
no.

Caterini then asked Mohamed to step out of the car.

He then handed her a cigar package with a marijuana cigarette in
it.

The officer then said she arrested Mohamed for possession of a
narcotic.

When searching him later at her cruiser, he produced a small bag of
about seven grams of marijuana from his sock.

After searching his jacket, she found 25 pieces of crack cocaine. She
then charged him with drug trafficking. She also found $330 in cash
neatly folded, which indicated to her she had a possible drug dealer.

A search of the vehicle uncovered 325 grams of crack cocaine, worth an
estimated $30,000 to $35,000 if sold in small quantities on the
street, and a .22-calibre loaded handgun and extra ammunition.

The drugs and gun were found in a small, unlocked cloth satchel in the
front seat.

Simic grilled Caterini on when exactly did she arrest, charge and read
the accused his rights.

Caterini said she had Mohamed step out of the car to see if the
marijuana smell was coming from him or in the vehicle.

The trial continues. 
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