Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
A Newfoundland man has been acquitted of possessing drugs for the purpose of trafficking, despite being caught with $1.4 million worth of marijuana.
Moncton provincial court Judge Joseph Michaud delivered his verdict in the court case yesterday morning and ruled the police officer who found the marijuana violated Jamie Colbert's rights by detaining him without just cause. The judge said the Mountie who stopped Colbert detained him and questioned him based on nothing more than a hunch that the motorist was carrying drugs in his SUV.
Michaud said even though the officer's hunch turned out to be correct, that didn't give him the right to search the vehicle.
"A hunch based on intuition is not good enough to detain, no matter how accurate ( it turns out to be )," said Michaud, while delivering his verdict.
The traffic stop in question occurred March 26, 2008 on Highway 2 in Salisbury. Const. Stephane Raymond of J Division RCMP's Roving Traffic Unit spotted a Toyota 4-Runner with a burned out tail light and stopped the SUV.
After asking the driver a series of questions, Raymond became suspicious and brought his drug-sniffing dog Jasper over to the vehicle. The dog smelled the truck and sat down, to indicate the presence of drugs.
When they opened the back, they found two massive hockey goalie equipment bags, stuffed to the brim with 155 pounds ( 70 kilograms ) of marijuana vacuum-sealed in plastic bags.
Colbert, 39, of Mobile, Newfoundland, was charged with possession of marijuana for the purpose of trafficking. He was released after paying a $6,000 cash bond and agreeing to several conditions.
During the recent trial, defence lawyer Gary Miller argued his client was illegally detained and the vehicle was illegally searched. Crown prosecutor Melanie Ferron argued Colbert was not detained and consented to the search.
The issue of police searches during traffic stops has been a live one in Moncton courts over the last couple of years. Several cases similar to this one have appeared before different judges with varying results. The cases often have common features, including Raymond as the investigating officer.
In one 2008 case, Judge Pierre Arseneault ruled the marijuana could not be entered into evidence because he felt the officer acted on a hunch, not reasonable grounds. In another case last year, Judge Irwin Lampert ruled the officer had obtained permission for the search and allowed the marijuana into evidence.
But Lampert also said judicial opinion in Moncton and elsewhere is clearly divided on the subject. He suggested the matter should be brought before the New Brunswick Court of Appeal for a decision.
When Michaud delivered his verdict yesterday, he quoted Arseneault's case at length and came to the same finding. He ruled the marijuana was not admissible and when the Crown said it had no more evidence to present, he found Colbert not guilty. The accused was not in court for the verdict.
Michaud said in this particular case, Raymond testified he became suspicious because Colbert was driving a friend's vehicle from Alberta to Newfoundland, while the friend flew home, his car was littered with coffee cups and food wrappers, he was tired from driving long hours and he was carrying hockey bags in the back of the truck, which are frequently used to transport contraband.
The officer told the court they are trained to look for more than just traffic offences while on patrol and he suspected Colbert was carrying drugs. The Trans-Canada Highway in New Brunswick is known to be a pipeline for drugs brought from central Canada to Atlantic Canada.
After the traffic matter was dealt with, Raymond asked Colbert several questions and also asked about searching the vehicle. Colbert refused, but eventually gave him permission to bring his dog over to the vehicle. Michaud said police can detain someone if they have reasonable grounds to connect them to a crime, but that was not the case here.
"What transpired was an ongoing investigation based on speculative indicators that are no more reliable than a hunch," said the judge.
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Times & Transcript (Moncton, CN NK)
Page: A4
Copyright: 2009 New Brunswick Publishing Company
Contact: news@timestranscript.com
Website: timestranscript.com - Breaking News, New Brunswick, Canada
Author: Craig Babstock
Moncton provincial court Judge Joseph Michaud delivered his verdict in the court case yesterday morning and ruled the police officer who found the marijuana violated Jamie Colbert's rights by detaining him without just cause. The judge said the Mountie who stopped Colbert detained him and questioned him based on nothing more than a hunch that the motorist was carrying drugs in his SUV.
Michaud said even though the officer's hunch turned out to be correct, that didn't give him the right to search the vehicle.
"A hunch based on intuition is not good enough to detain, no matter how accurate ( it turns out to be )," said Michaud, while delivering his verdict.
The traffic stop in question occurred March 26, 2008 on Highway 2 in Salisbury. Const. Stephane Raymond of J Division RCMP's Roving Traffic Unit spotted a Toyota 4-Runner with a burned out tail light and stopped the SUV.
After asking the driver a series of questions, Raymond became suspicious and brought his drug-sniffing dog Jasper over to the vehicle. The dog smelled the truck and sat down, to indicate the presence of drugs.
When they opened the back, they found two massive hockey goalie equipment bags, stuffed to the brim with 155 pounds ( 70 kilograms ) of marijuana vacuum-sealed in plastic bags.
Colbert, 39, of Mobile, Newfoundland, was charged with possession of marijuana for the purpose of trafficking. He was released after paying a $6,000 cash bond and agreeing to several conditions.
During the recent trial, defence lawyer Gary Miller argued his client was illegally detained and the vehicle was illegally searched. Crown prosecutor Melanie Ferron argued Colbert was not detained and consented to the search.
The issue of police searches during traffic stops has been a live one in Moncton courts over the last couple of years. Several cases similar to this one have appeared before different judges with varying results. The cases often have common features, including Raymond as the investigating officer.
In one 2008 case, Judge Pierre Arseneault ruled the marijuana could not be entered into evidence because he felt the officer acted on a hunch, not reasonable grounds. In another case last year, Judge Irwin Lampert ruled the officer had obtained permission for the search and allowed the marijuana into evidence.
But Lampert also said judicial opinion in Moncton and elsewhere is clearly divided on the subject. He suggested the matter should be brought before the New Brunswick Court of Appeal for a decision.
When Michaud delivered his verdict yesterday, he quoted Arseneault's case at length and came to the same finding. He ruled the marijuana was not admissible and when the Crown said it had no more evidence to present, he found Colbert not guilty. The accused was not in court for the verdict.
Michaud said in this particular case, Raymond testified he became suspicious because Colbert was driving a friend's vehicle from Alberta to Newfoundland, while the friend flew home, his car was littered with coffee cups and food wrappers, he was tired from driving long hours and he was carrying hockey bags in the back of the truck, which are frequently used to transport contraband.
The officer told the court they are trained to look for more than just traffic offences while on patrol and he suspected Colbert was carrying drugs. The Trans-Canada Highway in New Brunswick is known to be a pipeline for drugs brought from central Canada to Atlantic Canada.
After the traffic matter was dealt with, Raymond asked Colbert several questions and also asked about searching the vehicle. Colbert refused, but eventually gave him permission to bring his dog over to the vehicle. Michaud said police can detain someone if they have reasonable grounds to connect them to a crime, but that was not the case here.
"What transpired was an ongoing investigation based on speculative indicators that are no more reliable than a hunch," said the judge.
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Times & Transcript (Moncton, CN NK)
Page: A4
Copyright: 2009 New Brunswick Publishing Company
Contact: news@timestranscript.com
Website: timestranscript.com - Breaking News, New Brunswick, Canada
Author: Craig Babstock
