Pubdate: Tue, 30 Aug 2005 Source: Clarington This Week (CN ON) Copyright: 2005 Clarington This Week Contact: http://www.durhamregion.com/dr/info/clarington/ Details: http://www.mapinc.org/media/2209 Author: Jeff Mitchell POLICE SEARCH OF VAN TO BE SUBJECT OF CHARTER CHALLENGE Unconscious Man Was Found In Driver's Seat WHITBY -- Officers responding to reports of an unconscious man felt they had to search his vehicle in case he had overdosed on drugs, a Superior Court judge heard this week. An unresponsive John Wesley had been seen sitting at the wheel of his van at a gas station near Orono for several hours on Nov. 26, 2000, before Durham Regional Police were called, Justice Alan Bryant heard at the outset of Mr. Wesley's trial on drug and weapons charges. The first officer on the scene, Constable Michel Roy, said circumstances led him to believe the man may have committed suicide. "I thought for sure I had a suicide, or I had a death," Const. Roy testified in a Whitby courtroom. The officer said he went through Mr. Wesley's liter-filled van in hopes of finding a hint of what drugs, if any, the man had overdosed on. "I wasn't sure what I was looking for," he said. "In my mind, I had someone who had taken something I needed to find." What officers did find was numerous crack pipes, a quantity of crack cocaine, marijuana and other drugs, as well as prohibited weapons, including a butterfly knife. Mr. Wesley, who was eventually roused and arrested at the scene, has pleaded not guilty to charges of possessing drugs and weapons. His defence lawyer, Jonathan Shime, has announced his intent to launch a Charter challenge on the validity of the search, and Mr. Wesley's arrest. Early on in this trial, he noted that police conducted an extensive search of the vehicle without first obtaining a warrant. Const. Roy testified that after the initial search at the gas bar, a decision was made to impound the van. He said he was required to list all the items inside the vehicle to protect himself and the police service from liability for missing property claims that may have arisen following the impoundment. "I'm responsible for what's in that vehicle," he said. "When I look back I guess it would have been a better choice to do, to do a warrant, but I didn't have my mind on that." Federal prosecutor Sevag Yeghoyan has entered as exhibits numerous elaborate drug pipes, fashioned from glass tubing, rubber stoppers, elastic bands, and tin foil. If Mr. Shime's Charter challenge is successful, much of that evidence could be declared inadmissible. The trial continues. - --- MAP posted-by: Larry Seguin