Pubdate: Wed, 17 Nov 2004
Source: Calgary Sun, The (CN AB)
Copyright: 2004 The Calgary Sun
Contact:  http://www.fyicalgary.com/calsun.shtml
Details: http://www.mapinc.org/media/67
Author: Kevin Martin

DRUG CHARGES STICK DESPITE ILLEGAL ARREST

Cops illegally arrested a drug suspect who inadvertently stumbled on a
police raid on a Calgary apartment, a judge said yesterday. But
Justice Jacqueline Coutu ruled that even though Timothy Chan's Charter
rights were violated, the cocaine police found when they frisked him
was admissible in evidence.

As a result, Coutu found Chan, 24, guilty of possession of a
controlled substance for the purpose of trafficking in connection with
his April 10, 2002, bust.

Coutu said investigators who were conducting a search warrant on an
apartment suite had no reason to arrest Chan when he buzzed the unit
while they were in the midst of their raid. Cops rushed to the lobby
and placed him under arrest. After Chan was cuffed, the lead
investigator, Const. Keith McIntosh, arrived and conducted a pat down
to ensure he wasn't armed.

"In the circumstances, his first priority was officer safety," said
Coutu, calling the police conduct "a technical Charter breach."

The Queen's Bench judge rejected defence lawyer Pat Fagan's suggestion
the real reason for the search was to uncover drugs. 
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