Judge's Written Ruling Supplies Surnames of Cops Involved
A rookie cop criticized for an "unfortunate lapse of judgment" and an unlawful search that blew a drug and weapons case has been partly identified.
A written decision by Justice Suzanne Hood of the Nova Scotia Supreme Court released on Dec. 17 identified the officer only as Const. Muir, a young cop who had joined the force only 10 months before the July 2007 search.
This newspaper published an article on the judge's oral decision released on Oct. 27. The officers who were involved were not named in the story.
Const. Muir and a man identified only as Const. Parent were called to an accident involving Christopher Henderson in Dartmouth in July 2007.
The court heard that Const. Muir was interviewing the other driver when he overheard a passerby say something about looking in Mr. Henderson's trunk. Const. Muir went over to his car, bent over by the gas cap and said he smelled gas. He asked Mr. Henderson to open the trunk, which he did.
Const. Muir smelled marijuana from the open trunk and called over Const. Parent, who also smelled the drug.
They then placed Mr. Henderson under arrest. Police found wrapped baggies of marijuana and a bag of bulk marijuana, hashish and a loaded handgun in the car.
But the case was thrown out after Justice Hood ruled that Const. Muir knew that he "did not have the grounds to look in Mr. Henderson's trunk and concocted the gas smell story to gain access."
Instead of getting more information from the passerby, Const. Muir "guessed there was something of interest to the police in the trunk of the car. His guess turned out to be correct, but that is not grounds for a search," the judge wrote.
Admitting evidence "based on a deliberate attempt by the police to mislead a person in a motor vehicle accident to incriminate himself...would bring the administration of justice into greater disrepute than excluding the evidence," the judge wrote.
News Hawk: MsRedEye: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Chronicle Herald
Copyright: 2008 The Halifax Herald Limited
Contact: Nova Scotia News - TheChronicleHerald.ca
Website: New info in blown drug case - Nova Scotia News - TheChronicleHerald.ca
A rookie cop criticized for an "unfortunate lapse of judgment" and an unlawful search that blew a drug and weapons case has been partly identified.
A written decision by Justice Suzanne Hood of the Nova Scotia Supreme Court released on Dec. 17 identified the officer only as Const. Muir, a young cop who had joined the force only 10 months before the July 2007 search.
This newspaper published an article on the judge's oral decision released on Oct. 27. The officers who were involved were not named in the story.
Const. Muir and a man identified only as Const. Parent were called to an accident involving Christopher Henderson in Dartmouth in July 2007.
The court heard that Const. Muir was interviewing the other driver when he overheard a passerby say something about looking in Mr. Henderson's trunk. Const. Muir went over to his car, bent over by the gas cap and said he smelled gas. He asked Mr. Henderson to open the trunk, which he did.
Const. Muir smelled marijuana from the open trunk and called over Const. Parent, who also smelled the drug.
They then placed Mr. Henderson under arrest. Police found wrapped baggies of marijuana and a bag of bulk marijuana, hashish and a loaded handgun in the car.
But the case was thrown out after Justice Hood ruled that Const. Muir knew that he "did not have the grounds to look in Mr. Henderson's trunk and concocted the gas smell story to gain access."
Instead of getting more information from the passerby, Const. Muir "guessed there was something of interest to the police in the trunk of the car. His guess turned out to be correct, but that is not grounds for a search," the judge wrote.
Admitting evidence "based on a deliberate attempt by the police to mislead a person in a motor vehicle accident to incriminate himself...would bring the administration of justice into greater disrepute than excluding the evidence," the judge wrote.
News Hawk: MsRedEye: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Chronicle Herald
Copyright: 2008 The Halifax Herald Limited
Contact: Nova Scotia News - TheChronicleHerald.ca
Website: New info in blown drug case - Nova Scotia News - TheChronicleHerald.ca
