DRUG EVIDENCE TOSSED AFTER POLICE "MISLEAD" COURT

A judge has thrown out drug evidence against a Toronto driver, ruling
two police officers misled the court in claiming to smell fresh-cut
marijuana after pulling him over.

Ontario Superior Court Justice Edward Belobaba dismissed crack
cocaine charges against Devon Dinwall, 28, after finding the officers
"invented" the fresh pot smell as grounds to search his car.

"In doing so, they mislead the court," Belobaba ruled.

Constables Andrew Boyd and Gerassimos Maniatis stopped Dinwall as he
drove a Volkswagen Jetta south on Dawes Rd. just after midnight on
June 2, 2008.

The officers ran the plate and discovered the car was registered to
Dinwall's father, who has a criminal record for firearms and cocaine
trafficking.

Boyd testified that he believed he had a "good excuse" to do a
traffic stop because the car crossed over the centre line as it
passed, possibly violating the Highway Traffic Act.

The officer said he walked to the driver's window and detected a
strong smell of fresh-cut marijuana coming mainly from the back seat.

Maniatis, meanwhile, approached the passenger side and smelled an
"overwhelming" odour of fresh cut marijuana, he said.

The officers checked Dinwall's driver's licence and found he had a
criminal record for firearms and drugs and may be "armed and dangerous."

They called for backup.

They found no marijuana, but Boyd located three golf-ball sized
pieces of crack cocaine and $5,000 in cash in the trunk.

Dinwall testified that he was driving a woman home from a party when
he passed a police car stopped on the side of the road with its
lights flashing. He was adamant there was no marijuana in the car.

Dinwall's lawyer, Robb MacDonald, challenged the search, claiming the
officers breached his client's Charter rights against arbitrary
detention as well as unreasonable search and seizure.

Belobaba agreed.

The only reason the vehicle was searched was because the owner and
driver had troubling criminal records, Belobaba wrote in his Oct. 1 ruling.

"Suspicion alone is not enough," the judge said. "The police officers
had no lawful reason to do a vehicle search."

MacDonald said in an interview that it is unusual for a judge to
prefer the evidence of an accused against two police officers, and
rare for him to find police were not telling the truth.

Boyd said he is disappointed with the ruling, but declined further
comment. Maniatis could not be reached. Toronto police will "look at
the decision very closely," said spokesperson George Christopoulos.