Pubdate: Thu, 29 Nov 2012
Source: Windsor Star (CN ON)
Copyright: 2012 The Windsor Star
Contact:  http://www.canada.com/windsorstar/
Details: http://www.mapinc.org/media/501
Author: Craig Pearson
Page: A2

POT CHARGE WITHDRAWN AFTER IMPROPER SEARCH

A driver who had more than a pound of marijuana in the trunk of his
car was cleared of a drug trafficking charge Wednesday because of an
improper police search.

Before the case made it to trial, defence lawyer Evie Lipton filed a
charter application arguing her client's rights had been violated
after Ronald Gauthier was stopped for a licence plate sticker
violation. The sticker proved to be valid.

On Wednesday, in front of Ontario Court Justice Micheline Rawlins,
federal prosecutor Brendan Thomas withdrew all charges against
Gauthier, who was facing a possession for the purpose of trafficking
charge, saying there was no reasonable prospect of conviction.

"Obviously, my client is happy," Lipton said outside court. "He was
looking at six months custody at the pre-trial."

Gauthier, an unemployed press operator and window installer, was
pulled over around 10:20 a.m. Oct. 10, 2011, travelling west on
Highway 401 in Lakeshore. OPP Const. Richard McKinnon noted in his
report that Gauthier's validation sticker was partially obstructed by
a licence plate bracelet, so he could not confirm whether it was up to
date.

Lipton said everything proved all right for Gauthier at
first.

"Upon stopping him the officer confirmed that his licence plate was in
order, his driver's licence was in order, that everything was fine
with respect to the highway traffic stop," Lipton said.

But the officer checked the police data system and found that
Gauthier, who looked like he was smoking as he was being pulled over,
had been convicted about a year ago of selling contraband cigarettes.

"He asked my client if he had any cigarettes with him," Lipton said,
noting that Gauthier said he didn't smoke. "So the officer proceeded
to search the car."

McKinnon found a contraband cigarette pack in the console, Lipton
said, and told Gauthier that he would get a warrant to search the rest
of the car. So Gauthier opened his trunk, where the officer found 500
grams of marijuana in a bag.

"It wasn't voluntary on my client's part because he has to be
informed," Lipton said. "I'm sure it wasn't anything the officer was
doing our of bad faith, but there was a charter breach. He proceeded
to investigate him and question him and detain him beyond the initial
highway traffic stop."

Lipton said she thinks the prosecutor made the proper
move.

"The prosecutor's decision to withdraw was fair and appropriate given
the nature of the case," she said. "The detention was arbitrary."
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MAP posted-by: Matt