JUDGE THROWS MAJOR DRUG BUST CASE OUT OF COURT

A major Winnipeg drug bust has been thrown out of court after a judge found
police had
no right to conduct a gunpoint takedown of a suspected dealer.

The 2004 arrest -- in which a large quantity of marijuana and meth was
found inside a vehicle in St. Vital -- was deemed an excessive show of
force by police and a "serious" breach of the Charter of Rights and
Freedoms.

Queen's Bench Justice Brenda Keyser said allowing the evidence to
stand would send the wrong message to both police and society at large.

"The average citizen would be disturbed to discover that he or she
could be surrounded by armed police, removed from a car at gunpoint
and handcuffed on the ground without proper investigatory steps being
first undertaken to determine whether or not there was a legal basis
for such action," Keyser wrote in her decision.

Police told court they received a tip in January 2004 that a drug
delivery was about to take place on Pembina Highway.. They were later
given a specific car and licence plate, which was found to be owned by
Michael Nava.

Police spotted the vehicle and, they testified, "assaulted" it by
boxing it in and removing the driver at gunpoint.

Nava was put on the ground and handcuffed, while a search of the
vehicle revealed the drugs and more than $2,000 cash

Nava was charged with several offences and spent some time in custody
before being released on bail.

At trial, defence lawyer Sheldon Pinx filed a motion to have the
evidence excluded, saying police breached his client's rights by
failing to get a warrant.

Police admitted the informant had never given them information in the
past but they believed it to be reliable and needed to act
immediately.

Keyser ruled the information they received was vague and required
further investigation that should have led to an application for a
search warrant.

She said the fact the tip ended up being solid and drugs were found
doesn't excuse the methods used by police.

Keyser also questioned why police felt the need to draw their weapons.
Officers testified at trial they feared possible gang involvement, but
the judge noted Nava has no prior criminal record or known gang
connections.

"The breaches themselves are serious. Crown counsel argues that the
search of the vehicle was non-intrusive, extremely limited and
conducted quickly from the time Nava's car was stopped. However, that
must be juxtaposed against the actions of the police in "assaulting"
Nova's car at gunpoint, putting him on the ground immediately and
handcuffing him, all without the reasonable and probable grounds to
arrest him, and then searching his vehicle," wrote Keyser.

"Citizens should be free to go about their day-to-day activities
without interference from the police unless objectively based on
proper authority."

With the evidence excluded, Nava was acquitted.