S.T. was pulled over for failing to signal and for apparently swearing at the police as he drove by. The police smelled fresh raw marijuana and proceeded to ask S.T. questions relative to the existence and quantity of same. This was all captured on the police in-car audio-visual recording system and disclosed to defence. The police found what was described as a “moving pharmacy” – S.T. was charged with illegal possession of clonazepam, diazepam, oxycodone, oxycontin, apo-oxycodone-aceaminphen, morphine, oxycocet and novo-pheniram. He was also charged with possession of marijuana for the purpose of trafficking. Ms. Fagan scheduled the matter for trial before a Provincial Court Judge. A pre-trial conference was also scheduled. Ms. Fagan had the audio-visual recording transcribed and provided a copy to the Judge presiding over the conference and to the Crown Prosecutor. Ms. Fagan argued that the questioning by police about the marijuana was an illegal search by police and provided cases where Judges had found in favor of the Defence on similar facts.
BOTTOM LINE: Ms. Fagan was successful in having all 10 drug charges against S.T. withdrawn pursuant to a conditional discharge.