31. Regina v. L.I. [Provincial Court of Alberta, Calgary – December, 2011]

Client charged with possession of cannabis marijuana for the purpose of trafficking and proceeds of crime (approximately $40,000.00 cash) as a consequence of the police search of his residence by way of a warrant to search. Client was actually the hapless byproduct of a police investigation during which the primary target (not L.I.) was observed during surveillance to attend our client’s residence from time to time. Ultimately the entire investigation netted the seizure of a substantial quantity of cocaine (approximately half a “brick”) but our client’s exposure was limited to a relatively small seizure of marijuana from his bedroom. The problem from a defense perspective was that the marijuana was packaged in multiple units and there were no less than 8 cellular phones and two blackberrys recovered from the bedroom – not to mention the complicating factor of the “cash”. As matters turned out we managed to have all charges against L.I. completely withdrawn and an order issued directing that one half of the cash seized by the police be returned to our client.

Patrick Fagan

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