Mounties in Port McNeill violated a suspect's Charter rights by failing to allow him to contact a lawyer promptly after his 2019 drug trafficking arrest, a judge has ruled.
As a result of the decision, Crown prosecutors cannot rely on evidence gained from the search of two homes in their case against Alexander Morgan Haenisch.
Officers had compiled "a compendium of credible, compelling and corroborative evidence showing the accused was probably dial-a-doping," the judge wrote in his decision. Because of this, there were ample grounds to arrest him without a warrant. When he was brought to the police station, police searched his person and found "16 spitballs of suspected cocaine," amounting to 10.5 grams, hidden in his underwear, Baird's decision reads. The judge considered this search incidental to the arrest, and therefore admissible as evidence.
While Baird found detaining Haenisch while waiting for the completion of the searches to be justified, he concluded that denying Haenisch the opportunity to speak to a lawyer during that time was not. Likewise, police had an obligation to notify Haenisch promptly when the searches uncovered a loaded prohibited firearm in a bedroom police believed belonged to him, Baird wrote.
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