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Supreme Court Limits Search Of Suspects
Pubdate: Fri, 29 Oct 2004
Source: Winnipeg Free Press (CN MB)
Copyright: 2004 Winnipeg Free Press
Contact: http://www.winnipegfreepress.com/
Details: http://www.mapinc.org/media/502
Author: Mike McIntyre
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
SUPREME COURT LIMITS SEARCH OF SUSPECTS
Refuses to Hold Re-Hearing of Manitoba Drug Case
THE Supreme Court of Canada closed the book on a landmark Manitoba drug
case which set new guidelines for police officers by refusing yesterday to
hold a re-hearing.
Police officers across the country can no longer play hunches and go on
"fishing expeditions" for evidence when questioning potential suspects, the
country's highest court ruled in July.
The Crown had asked the country's highest court for a new hearing, claiming
it remained unclear how far police can go in searching potential suspects.
But the Supreme Court disagreed, saying yesterday its decision speaks for
itself and won't be expanded on.
"I'm relieved this is finally over and the courts can begin relying on it,"
said defence lawyer Amanda Sansregret.
The Supreme Court's decision overturned the Manitoba Court of Appeal and
ruled Winnipeg police had no right to search the pocket of a native man
found walking downtown in December 2000. Although police found 27.5 grams
of marijuana on Phillip Mann, the evidence has been discarded on the
grounds it was illegally obtained. As a result, Mann was cleared of drug
trafficking charges.
"Individuals have a reasonable expectation of privacy in their pockets,"
Justice Frank Iacobucci wrote in a majority decision that divided the high
court 5-2.
"The search here went beyond what was required to mitigate concerns about
officer safety and reflects a serious breach of (Mann's) protection against
unreasonable search and seizure."
Federal Crown prosecutor David Frankel claimed the court's definitions were
vague and should be clearly spelled out so that police forces can instruct
their officers accordingly.
Police claim they stopped Mann because he matched the description of native
suspect wanted for a nearby break-and-enter.
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