Pubdate: Thu, 06 Jun 2002 Source: Edmonton Sun (CN AB) Copyright: 2002, Canoe Limited Partnership. Contact: http://www.fyiedmonton.com/htdocs/edmsun.shtml Details: http://www.mapinc.org/media/135 Author: Shane Holladay COURT TOSSES CHARGES AFTER COP SEARCH WITH NO WARRANT Charges stemming from an anonymous tip that turned up drugs outside cop headquarters have been tossed out of court after a judge ruled the vehicle search was unconstitutional. According to court records, an acting staff sergeant got an anonymous phone call Feb. 21, 2001, naming someone who was allegedly dealing drugs at the York Hotel. The hotel is across the street from Edmonton's police headquarters, near 104 Avenue and 96 Street. The staff sergeant went to a window overlooking the hotel, spotted a car and dispatched three officers, who converged on the vehicle. Inside, cops found money, marijuana, cocaine, prescription drugs and a knife. The occupants of the car were arrested. However, Court of Queen's bench Justice Joanne Veit ruled May 7 that officers couldn't consider an anonymous tip sufficient cause to conduct a search without a warrant. "The source of the tip cannot meet any standard of reliability," wrote Veit in her ruling. In fact, she noted, the individual named by the tipster wasn't actually in the car. "The police did not corroborate the tip prior to making the decision to search the vehicle ... an individual has some reasonable expectation of privacy in their car, the police cannot enter it without a reasonable belief that the driver of the vehicle is committing an offence." Veit ruled the search was unconstitutional. The ruling has been passed on to the police department's legal department, said police spokesman Annette Bidniak. "It's in our best interest always to keep in step with the decisions of the courts to ensure the police are conducting their business properly," she said. In light of such rulings, police always look to see if any policies need to be updated, said Bidniak. - --- MAP posted-by: Beth