It comes out because of a seizure improper

News 14 July, 2017
  • Michael Nguyen

    Friday, 14 July, 2017 20:49

    Friday, 14 July, 2017 20:49

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    A Montrealer accused of possession of crack cocaine went well, because the police have exceeded their powers by entering illegally in his home.

    “The good faith of the police cannot justify an abusive behavior,” said the judge Nathalie Fafard, in a judgement delivered last week at the palais de justice of Montreal.

    The case dates back to January of 2016, when Serge Beaudin believed that someone had attempted to enter his home. Panicked, he had asked his neighbors to call 911. Patrol officers arrived and saw the accused 63-year-old in the porch of his home.

    For no reason

    Without reason, the police then entered the apartment, where they found in the lounge of the pipes and crack rocks.

    Sanchez was immediately arrested. Except that the agents had no grounds to enter the residence, noted the judge, who concluded that a seizure abusive.

    “It is an intrusion into a home, she said. Every day, police officers respond to 911 calls, this is part of their job. They know the rules and must act with discernment before entering without a warrant in a home. “

    Justification rejected

    During the hearings, a police officer was justified in asserting that he had entered the apartment to be sure nobody was there, but the judge rejected this explanation, since ” no one would reasonably believe that the intruder was inside.”

    “What was the emergency […] ? asked the magistrate. There was no. The accused was not targeted in the course of an investigation and the police had no grounds to obtain a search warrant. This being the case, they could not find the substances otherwise. “

    Evidence excluded

    Thus, it was excluded from the evidence the seizure of the pipes and crack cocaine, because, by allowing the Crown to use these elements, this would undermine the public’s confidence in the justice system.