DRUG BUST UNLAWFUL, SAYS JUDGE

R. v. H. L. | 2012

Alana Page’s client was charged with Possession of narcotics for the purpose of trafficking when the police responded to a 911-call at his home and then unlawfully searched the residence. The Judge agreed with Ms. Page — the police had no right to enter the basement and also rejected the police testimony that the search was necessary for safety reasons. Although the police were responding to an emergency call of “unknown trouble”, once they had determined the caller to be safe, they had no legal authority to follow the accused into the basement.

Once in the basement, two police officers pressured the client to retrieve the hidden drugs. In these circumstances, the Judge ruled that the admission of this evidence would bring the administration of justice into disrepute. Accordingly, the client was found not guilty of all charges.

MARI LOEWENjudgment