Pubdate: Thu, 15 May 2008 Source: StarPhoenix, The (CN SN) Copyright: 2008 The StarPhoenix Contact: http://www.canada.com/saskatoonstarphoenix/letters.html Website: http://www.canada.com/saskatoonstarphoenix/ Details: http://www.mapinc.org/media/400 Author: Betty Ann Adam, The StarPhoenix Referenced: Charter of Rights and Freedoms http://laws.justice.gc.ca/en/charter/ Bookmark: http://www.mapinc.org/topic/Charter+of+Rights+and+Freedoms SEARCH VIOLATED RIGHTS: LAWYER The administration of justice would get a bad name if drug evidence is allowed into trial despite being seized by police who had no warrant to enter a private residence, a defence lawyer argued Wednesday at Court of Queen's Bench. Lawyer Nicholas Stooshinoff said two constables violated Glen Tyler Lawrence's charter rights when they failed to obtain a search warrant before accepting a landlord's invitation to enter Lawrence's suite. Crown prosecutor Barrie Miller said there was no charter violation because police were responding to a somewhat urgent call from the landlord, who said there was something in the suite that would be of interest to them. Lawrence, 25, is charged with possession of cocaine, crack cocaine and marijuana for the purpose of trafficking as well as several weapons charges relating to a stolen .357-calibre revolver. Justice Ian McLellan will decide today whether to toss out the evidence or allow it to be used against Lawrence, who is accused of renting the apartment on behalf of unidentified drug dealers who used it as a distribution point for 1.5 kilograms of cocaine and crack cocaine and 217 grams of marijuana. The landlord found the marijuana in a closet and, under the couch, found a locked safe and a black garbage bag that turned out to contain the handgun, two cellphones and a "score sheet" notebook which contained references to a $34,000 purchase. McLellan said he was surprised Saskatoon police Sgt. Bradley Hazelwanter, who testified as an expert witness on the drug trade, had said obtaining a search warrant from a judge was "an option" for the constables. "Judicial authority is there to protect citizens from intrusion. I was very surprised they would say it was an option," McLellan said. "Obtaining a search warrant is a necessity. That's why we have Section 8 of the Charter (of Rights and Freedoms)," he said. That section protects against unreasonable search and seizure. After constables Nolan Berg and Erica Weber learned from the landlord about the marijuana and suspicious items under the sofa, they could have secured the apartment and called in the integrated drug unit, who could have obtained a search warrant in three or four hours, court heard earlier this week. The apartment caretaker had called the landlord to the suite to check out a sour smell that had repelled several prospective tenants. Lawrence had given notice to vacate and the caretaker had left him phone messages and notes under the door telling him to clean the apartment. - --- MAP posted-by: Richard Lake