COURT TOSSES CHARGES AFTER COP SEARCH WITH NO WARRANT

Charges stemming from an anonymous tip that turned up drugs outside cop
headquarters have been tossed out of court after a judge ruled the vehicle
search was unconstitutional.

According to court records, an acting staff sergeant got an anonymous phone
call Feb. 21, 2001, naming someone who was allegedly dealing drugs at the
York Hotel.

The hotel is across the street from Edmonton's police headquarters, near
104 Avenue and 96 Street.

The staff sergeant went to a window overlooking the hotel, spotted a car
and dispatched three officers, who converged on the vehicle. Inside, cops
found money, marijuana, cocaine, prescription drugs and a knife. The
occupants of the car were arrested.

However, Court of Queen's bench Justice Joanne Veit ruled May 7 that
officers couldn't consider an anonymous tip sufficient cause to conduct a
search without a warrant.

"The source of the tip cannot meet any standard of reliability," wrote Veit
in her ruling.

In fact, she noted, the individual named by the tipster wasn't actually in
the car.

"The police did not corroborate the tip prior to making the decision to
search the vehicle ... an individual has some reasonable expectation of
privacy in their car, the police cannot enter it without a reasonable
belief that the driver of the vehicle is committing an offence."

Veit ruled the search was unconstitutional.

The ruling has been passed on to the police department's legal department,
said police spokesman Annette Bidniak.

"It's in our best interest always to keep in step with the decisions of the
courts to ensure the police are conducting their business properly," she said.

In light of such rulings, police always look to see if any policies need to
be updated, said Bidniak.