CRIME CASH GOING BACK

Judge Says Suspected Courier Stopped On Hunch

Police who acted on a hunch to nab a courier with $16,600 in drug money
have to give the cash back, a judge has ruled.

Justice Peter McIntyre, in a written ruling obtained by the Sun yesterday,
said investigators did not have reasonable grounds to seize the money from
Ian Maurice Daley.

Officers questioned Daley at Calgary International Airport on March 24,
1998, the day after he bought a standby ticket to Montreal with $460 in $20
bills.

RCMP Const. Ian MacPhee approached Daley while he was on the phone and
began questioning him.

Daley denied having any drugs or large amounts of cash and MacPhee asked
him what was in his carry-on luggage.

Daley offered to show the officer the contents, opened his bag and produced
a bottle of liquor wrapped in a towel.

While MacPhee examined the booze, he spotted Daley trying to cover up a
knotted leg in a pair of jeans in the bag.

MacPhee then opened the jeans and found $13,000. A subsequent search
uncovered another $3,600.

McIntyre agreed with defence lawyer Willie deWit police illegally compelled
Daley to give incriminating evidence.

The judge said even though it was clear through subsequent investigation
the cash was from cocaine sales, it wasn't seized legally.

"When Constable MacPhee stopped and spoke to Daley, he did not have ...
reasonable and probable grounds to believe Daley had committed a crime,"
the judge said.

"Constable MacPhee ... did not have the right to search Daley's carry-on
bag, ask for identification, search his jacket nor to ask him questions.

"The money found ... MacPhee's observation about Daley's nervousness, and
Daley's statements, are all conscriptive evidence," he said.

"In this case, the attention of the police was drawn to Daley by his
purchase of a standby airline ticket for cash," said McIntyre.

"The later police actions were based on nothing more than a hunch."

McIntyre ruled the cash was proceeds of crime, but because it was uncovered
through an unlawful search, it didn't have to be forfeited to the Crown.

Daley, who was not charged criminally, said the cash was to be used to open
a barber shop.

He said a cocaine "score sheet" used to keep track of drug sales was
actually race track information in code which a friend had asked him to
write down.

But McIntyre said he didn't believe the money came from other than the sale
of cocaine.

"These explanations are ridiculous and incredible," said McIntyre.