SEARCH VIOLATED RIGHTS: LAWYER

The administration of justice would get a bad name if drug evidence is
allowed into trial despite being seized by police who had no warrant
to enter a private residence, a defence lawyer argued Wednesday at
Court of Queen's Bench.

Lawyer Nicholas Stooshinoff said two constables violated Glen Tyler
Lawrence's charter rights when they failed to obtain a search warrant
before accepting a landlord's invitation to enter Lawrence's suite.

Crown prosecutor Barrie Miller said there was no charter violation
because police were responding to a somewhat urgent call from the
landlord, who said there was something in the suite that would be of
interest to them.

Lawrence, 25, is charged with possession of cocaine, crack cocaine and
marijuana for the purpose of trafficking as well as several weapons
charges relating to a stolen .357-calibre revolver.

Justice Ian McLellan will decide today whether to toss out the
evidence or allow it to be used against Lawrence, who is accused of
renting the apartment on behalf of unidentified drug dealers who used
it as a distribution point for 1.5 kilograms of cocaine and crack
cocaine and 217 grams of marijuana.

The landlord found the marijuana in a closet and, under the couch,
found a locked safe and a black garbage bag that turned out to contain
the handgun, two cellphones and a "score sheet" notebook which
contained references to a $34,000 purchase.

McLellan said he was surprised Saskatoon police Sgt. Bradley
Hazelwanter, who testified as an expert witness on the drug trade, had
said obtaining a search warrant from a judge was "an option" for the
constables.

"Judicial authority is there to protect citizens from intrusion. I was
very surprised they would say it was an option," McLellan said.

"Obtaining a search warrant is a necessity. That's why we have Section
8 of the Charter (of Rights and Freedoms)," he said.

That section protects against unreasonable search and
seizure.

After constables Nolan Berg and Erica Weber learned from the landlord
about the marijuana and suspicious items under the sofa, they could
have secured the apartment and called in the integrated drug unit, who
could have obtained a search warrant in three or four hours, court
heard earlier this week.

The apartment caretaker had called the landlord to the suite to check
out a sour smell that had repelled several prospective tenants.
Lawrence had given notice to vacate and the caretaker had left him
phone messages and notes under the door telling him to clean the apartment.