Pubdate: Thu, 23 Nov 2017
Source: Vancouver 24hours (CN BC)
Copyright: 2017 Vancouver 24 hrs.
Contact: http://vancouver.24hrs.ca/letters
Website: http://vancouver.24hrs.ca/
Details: http://www.mapinc.org/media/3837
Author: Keith Fraser
Page: 7

MAN ACQUITTED AFTER JUDGE THROWS OUT EVIDENCE HE HAD A SUITCASE FULL OF 
DRUGS AT VANCOUVER AIRPORT

A man has been acquitted after evidence that he had checked in a
suitcase containing a large quantity of drugs at Vancouver
International Airport was thrown out of court.

David Edward Herman checked in two pieces of luggage when he arrived
at the airport for a flight to Toronto on March 17, 2013.

One of the suitcases passed through security without any incident and
was loaded onto the plane but screening of the second suitcase
indicated the possible existence of explosives.

When the suitcase was examined by security officers, they discovered
drugs later determined to be marijuana and hashish.

The RCMP were summoned and launched an investigation which resulted in
Herman being charged with possession of 48 lbs. of marijuana and five
kilograms of hashish for the purpose of trafficking.

In August, B.C. Supreme Court Justice Barry Davies concluded that the
Mounties breached Herman's Charter rights by conducting a warrantless
search of the suitcase at the airport.

The judge also found that the "far more intrusive and still
warrantless" searches of Herman's luggage at an RCMP sub-detachment
and the main detachment of the RCMP in Richmond constituted continuing
breaches of his right against an unreasonable search.

He said that he was not satisfied that the contents of the suitcase
were in fact in plain view so as to render the police conduct in
searching the luggage sufficiently reasonable to overcome the
warrantless search.

The issue for the judge then became whether to admit or exclude the
evidence at trial.

In a ruling released Monday, the judge said that while the actions of
the police at the airport might have been considered relatively minor
given the discovery of the drugs earlier by the security officers, he
could not in fact make such a finding.
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MAP posted-by: Matt