Pubdate: Tue, 08 Jan 2013
Source: Abbotsford Times (CN BC)
Copyright: 2013 The Abbotsford Times
Author: Rochelle Baker


Crown counsel has filed to appeal the recent acquittal of Abbotsford
marijuana advocate Tim Felger on drug charges after a judge ruled
police had conducted an illegal search.

Felger was acquitted of one count of possession and six counts of drug
trafficking after a Chilliwack Supreme Court judge tossed out the
evidence after ruling a police search violated the accused's Charter

Prior to the decision, court heard that an Abbotsford undercover
police officer originally entered the store without a warrant.

Crown filed the appeal Dec. 21 arguing the trial judge erred in law
finding Felger had a reasonable expectation of privacy within the
meaning of section 8 of the Charter of Rights and Freedoms in
connection to the undercover officer's attendance at his business.

The Crown also argued the judge erred in finding that the undercover
officer's presence at Felger's business violated his right to be
secure from unreasonable search under the Charter.

Felger was originally charged after Abbotsford Police raided his
former Da Kine shop on Essendene Avenue in Abbotsford on May 13, 2009.
- ---
MAP posted-by: Jo-D