DRUG CASE ENDS IN FINES FOR PAIR

Validity Of Search Warrant For Car Key To Plea Bargain

Two people caught selling crack cocaine in Sudbury escaped jail
Thursday after the federal drug prosecutor acknowledged there would
have been some legal issues had the charges gone to trial.

Instead, Dwayne Brown, 26, and Nancy Morissette, 28, were fined $1,500
each after pleading guilty to possession of crack for the purpose of
trafficking.

These are "extremely unique circumstances," said lawyer Bob Beckett,
who represented Morissette.

Drug prosecutor Pierre Bradley said a first-time informer called
police in December 2005 to say that two people were driving around
town in Pontiac Sunbird making crack cocaine deliveries.

A short time later, police spotted the vehicle in a parking lot off
Jogues Street.

Both Morissette, who was behind the wheel, and Brown were arrested
after police found about five grams of marijuana.

They were taken to police headquarters, charged and
released.

However, police impounded the car in anticipation of getting a search
warrant to look inside.

But it took three attempts over two days before police were able to
satisfy the courts that a search warrant for the vehicle should be
issued.

Inside the vehicle, police found six ounces of crack cocaine, two
cellphones, a debt list, digital scales and $140 in cash.

His client was aware, Beckett said, that if she had gone to trial
there was a chance the search of the vehicle may have been ruled
illegal and the results not allowed in evidence.

On the other hand, he said, she was also aware that if the search was
ruled legal and she was convicted, she would be facing jail.

It was on that basis, he said, that he and Brown's lawyer, Gary
McMahon, agreed to the plea bargain.

"I don't want the public at large to get the impression we are going
soft," said Ontario Court Justice Randall Lalande in accepting the
plea arrangement.

The sentencing proposal, "at first glance" may appear unusual, he
said, but it reflects "the strengths and weaknesses of the case."

In addition to the fine, both Brown and Morissette will be on
probation for one year. The material found in the car, including the
cash, was ordered confiscated. Brown and Morissette were prohibited
from owning firearms for 10 years.