Pubdate: Tue, 27 Mar 2012
Source: Cape Breton Post (CN NS)
Copyright: 2012 Cape Breton Post
Contact:  http://www.capebretonpost.com/
Details: http://www.mapinc.org/media/777

JUDGE RULES THAT MARIJUANA SEIZURE WAS ILLEGAL

SYDNEY - A drug trial set to begin next month went up in smoke Monday 
after a provincial court judge ruled that the 12 kilograms of 
marijuana seized would not be admitted into evidence.

North Sydney Judge Jean Whalen ruled that RCMP officers exceeded 
their authority in making the seizure in July near the Marine 
Atlantic terminal in North Sydney.

As a result, special federal prosecutor David Iannetti told the court 
that without the marijuana, the Crown would be dropping the charge 
against 32-year-old Tammy Frances Earle of Corner Brook, N.L., who 
was charged with possession for the purpose of trafficking.

"Police cannot rely on hunches, educated guesses or speculation to 
launch investigations," Whalen said in delivering an oral decision Monday.

In a pre-trial hearing, Whalen heard arguments from Iannetti and 
defence lawyer Bill Burchell into whether the police search was 
legal. The drug carried an estimated street value of $114,000.

Earle was the lone passenger in an Aircab she hired from Moncton 
International Airport to drive her to the terminal in North Sydney 
where she planned to catch the ferry to Newfoundland.

Testimony from the hearing indicated RCMP had established a roadside 
checkpoint near the terminal in a bid to nab Motor Vehicle Act 
offenders and impaired drivers.

In her decision, Whalen noted that while the roadside checkpoint was 
lawful, the subsequent search of Earle's luggage was not.

Whalen said the officer admitted he was acting only on a hunch 
because it was odd to see a person getting a cab from New Brunswick 
to catch a ferry to Newfoundland. The officer also testified he found 
it strange that Earle's suitcase was locked.

Whalen said the officers never asked to review the cab driver's 
licence, insurance or other documents police would normally ask for 
during roadside checks.

She said once the officer noticed the cab, he became suspicious and 
ordered the driver to pull off to the side of the road. She said the 
officers did not detect any smell of marijuana in the vehicle and 
observed no other indications that Earle was smuggling drugs.. There 
were also no motor-vehicle infractions noted.

"The subsequent information gathered was a fishing expedition and 
police had no right to conduct the search," said the judge.

Burchell joked outside the court that police should have waited until 
his client got on the boat and then they could have dropped in a fishing line.

"The sole purpose of police is to investigate crime but this was not 
an information-based case," ruled Whalen.

The judge concluded that allowing the trial to proceed with such 
evidence would only bring the justice system into disrepute.
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