REASONABLE POT SEARCH?

Supreme Court Yet To Decide

Canada's Supreme Court has reserved decision on whether a Winnipeg man
should face a second trial for a four-year-old drug charge of which
he's already been acquitted. Philip Mann was charged with possessing
marijuana for the purpose of trafficking on Dec. 23, 2000, after
police picked him up while investigating a break-in.

Seeing that Mann matched the suspect's description "to a tee," the
officers decided to question him and pat him down, ostensibly to look
for sharp objects, guns, clubs or other weapons.

Instead, they found a small bag containing about one ounce of
marijuana inside the front pocket of Mann's sweater.

Mann's trial judge ruled the marijuana was the product of an
unreasonable search, excluding the evidence and dismissing the charge
against him.

SUCCESSFULLY APPEALED

The Crown successfully appealed the ruling in the Manitoba Court of
Appeal, and a new trial was ordered. Now, Mann is appealing the
provincial appellant court's decision. His case was heard yesterday.

At issue is whether Mann's case gave police the right to search him,
and if it did, whether it gave them the right to search inside his
sweater. A decision will be released at a later date.