POLICE SEARCH OF VAN TO BE SUBJECT OF CHARTER CHALLENGE

Unconscious Man Was Found In Driver's Seat

WHITBY -- Officers responding to reports of an unconscious man felt
they had to search his vehicle in case he had overdosed on drugs, a
Superior Court judge heard this week.

An unresponsive John Wesley had been seen sitting at the wheel of his
van at a gas station near Orono for several hours on Nov. 26, 2000,
before Durham Regional Police were called, Justice Alan Bryant heard
at the outset of Mr. Wesley's trial on drug and weapons charges. The
first officer on the scene, Constable Michel Roy, said circumstances
led him to believe the man may have committed suicide.

"I thought for sure I had a suicide, or I had a death," Const. Roy
testified in a Whitby courtroom.

The officer said he went through Mr. Wesley's liter-filled van in
hopes of finding a hint of what drugs, if any, the man had overdosed
on.

"I wasn't sure what I was looking for," he said. "In my mind, I had
someone who had taken something I needed to find."

What officers did find was numerous crack pipes, a quantity of crack
cocaine, marijuana and other drugs, as well as prohibited weapons,
including a butterfly knife. Mr. Wesley, who was eventually roused and
arrested at the scene, has pleaded not guilty to charges of possessing
drugs and weapons.

His defence lawyer, Jonathan Shime, has announced his intent to launch
a Charter challenge on the validity of the search, and Mr. Wesley's
arrest. Early on in this trial, he noted that police conducted an
extensive search of the vehicle without first obtaining a warrant.

Const. Roy testified that after the initial search at the gas bar, a
decision was made to impound the van. He said he was required to list
all the items inside the vehicle to protect himself and the police
service from liability for missing property claims that may have
arisen following the impoundment.

"I'm responsible for what's in that vehicle," he said.

"When I look back I guess it would have been a better choice to do, to
do a warrant, but I didn't have my mind on that."

Federal prosecutor Sevag Yeghoyan has entered as exhibits numerous
elaborate drug pipes, fashioned from glass tubing, rubber stoppers,
elastic bands, and tin foil. If Mr. Shime's Charter challenge is
successful, much of that evidence could be declared
inadmissible.

The trial continues.