HIGH COURT TO HEAR 'PAT-DOWN' POT BUST CASE

THE Supreme Court of Canada ruled yesterday it will hear arguments in a
controversial Manitoba case involving police "pat-down" searches.

Last year, the Manitoba Court of Appeal overturned the acquittal of a city
man found with a quantity of marijuana in a pouch pocket and a new trial
was ordered.

A provincial court judge had previously dismissed the case against the
suspected drug dealer, saying the police search that uncovered the drugs
was illegal.

But the Appeal Court disagreed, saying police have the right to pat down
potential suspects and submit what they may find as evidence as long as
searches are being done for safety reasons.

Phillip Mann was stopped by police on the street more than two years ago
because he matched the description of a break-in suspect.

Mann agreed to let police do a "security search," which officers describe
as a "pat-down of the extremities as well as the torso" in order to check
for potential weapons. Police say Mann was wearing a pullover sweater that
had a pouch in the front. An officer brushed against the pouch and said he
felt something soft inside. He searched and found a plastic bag containing
27.5 grams of pot. Mann was charged with possession for the purpose of
trafficking. He was acquitted when the trial judge ruled police had no
right to go rummaging through his pockets.

The Crown appealed, saying a pat-down search should include the right to
search pockets, especially if an object is felt inside.

Mann sought leave to appeal the decision before the Supreme Court, and
learned yesterday it had been granted. No hearing date has been set.