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OfflineFlusH
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Big Coke bust in Winnipeg ends in acquittal
    #14225229 - 04/02/11 09:37 AM (12 years, 11 months ago)

http://www.winnipegfreepress.com/breakingnews/big-coke-bust-ends-in-acquittal-118974044.html?device=mobile

Quote:

ONE of Manitoba's largest drug cases has been thrown out of court after a judge found police breached the rights of a British Columbia man caught hiding 17 kilograms of cocaine in his SUV.

Andy Koczab, 32, learned Wednesday he will face no legal consequences despite being found with the $2-million drug stash during a 2007 traffic stop on the western edge of Winnipeg.

Queen's Bench Justice Perry Schulman was critical of the actions of Headingley RCMP Const. Kenneth Walkden, who pulled over Koczab for driving 110 km/h in a 100 km/h zone on the Trans-Canada Highway.

"Walkden's conduct was neither inadvertent nor minor. It was wilful and egregious," Schulman said in a written decision to exclude the evidence and acquit the accused. "There were no extenuating circumstances and I find the charter breach was not made in good faith."

Defence lawyer Sheldon Pinx had challenged the merits of the search and seizure, claiming the officer illegally detained his client without proper grounds or instructing him of his legal rights. Schulman agreed, saying to allow the case to proceed would not be in society's best interests.

"In the short term, the exclusion of the evidence may negatively affect the public perception of the justice system. However, in a case like this, admission of the evidence would, in the long term, negatively impact on the public perception because a ruling here would tend to encourage, rather than discourage, such conduct," said Schulman.

"The desirability of rejecting the evidence stems not from the need to punish Walkden, but rather to show the public that courts will not tolerate this conduct."

The Crown has 30 days to appeal.

Walkden testified how his suspicions were raised after he pulled Koczab over for speeding. Koczab was driving a vehicle with B.C. plates but had a driver's licence from Ontario. He said Koczab claimed to be a scout in the movie industry who travels a lot between the two provinces. The officer said he thought the story sounded "rehearsed."

Walkden ran a computer check and learned Koczab was facing a drug charge. He noticed two suitcases in the back seat and asked what was inside them. Koczab replied "clothes" and gave Walkden permission to search them, which he did. Nothing unusual was found.

Walkden said he initially told Koczab he was only going to give him a warning. But he then began asking a series of questions, including whether Koczab had any "liquor, drugs or large sums of money" in his vehicle. Koczab said he didn't, explaining he had a prior drug conviction and had "learned his lesson" about drugs, court was told.

Schulman said there was nothing improper about Walkden's actions up to this point. But what happened next was the source of controversy.

Walkden said he noticed there appeared to have been some recent work done on the carpeting inside the vehicle. Koczab denied any such work had been done. The officer told Koczab he had to go back to his cruiser and would "return in a minute." Walkden called for backup. He told court he had made the decision to detain Koczab for the purpose of a criminal investigation.

At no point did Walkden inform Koczab he was being detained or give him his right to remain silent or instruct counsel, court was told. No warrant was obtained. The officer searched under the carpeting and found a compartment containing the cocaine.

Koczab was arrested on a charge of possession for the purpose of trafficking. He was released on bail days later and has been living in B.C. on strict conditions ever since.

"In this case, I would say the breach was neither fleeting nor profoundly intrusive, but was significant," said Schulman. He also accused Walkden of making a "significant effort" during his testimony to avoid discussing details of his actions that day.

www.mikeoncrime.com

Republished from the Winnipeg Free Press print edition March 31, 2011 B1




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InvisibleCyclohexylamine
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Re: Big Coke bust in Winnipeg ends in acquittal [Re: FlusH]
    #14225289 - 04/02/11 10:01 AM (12 years, 11 months ago)

Yeah FUCK the police :smile:
Its really nice seeing Canadian judges upholding out consitution


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Yes this is tymo - I just changed my name

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Something abut that anaesthetic rush... :inlove:

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Invisiblemikehauncho
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Re: Big Coke bust in Winnipeg ends in acquittal *DELETED* [Re: Cyclohexylamine]
    #14225404 - 04/02/11 10:42 AM (12 years, 11 months ago)

Post deleted by mikehauncho

Reason for deletion: LE


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OfflineDiacetylmentlegen
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Re: Big Coke bust in Winnipeg ends in acquittal [Re: mikehauncho]
    #14225435 - 04/02/11 10:52 AM (12 years, 11 months ago)

Breaking the law... breaking the law... breaking the law... BREAKIN' THE LAWWWWWWWWWWWW :tongue:

:feelsgoodman:


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"When I recall it and when I recall various other symptoms... I think the simplest explanation is... that I had these experiences, that they were real... and that they took place outside time." - Christopher Mayhew

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InvisibleCyclohexylamine
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Re: Big Coke bust in Winnipeg ends in acquittal [Re: Diacetylmentlegen]
    #14225445 - 04/02/11 10:54 AM (12 years, 11 months ago)

Quote:

Diacetylmentlegen said:
Breaking the law... breaking the law... breaking the law... BREAKIN' THE LAWWWWWWWWWWWW :tongue:

:feelsgoodman:




It actually really does :laugh:


--------------------
Yes this is tymo - I just changed my name

Have you ever had a dream that you were so sure was real? What if you were unable to awake from that dream? How would you know the difference between that dream world and the real world?


There is NOTHING better than feeling that warm dissociative fuzz creeping up your body from IM K
Something abut that anaesthetic rush... :inlove:

Qualitative Research Chemical Effects and Experiences
The Wonderful World of Methoxetamine
The 3-Meo-PCP Chapters, Part One

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InvisibleGreendreams

Registered: 01/07/08
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Re: Big Coke bust in Winnipeg ends in acquittal *DELETED* [Re: mikehauncho]
    #14225647 - 04/02/11 11:50 AM (12 years, 11 months ago)

Post deleted by Greendreams

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OfflineCountry1
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Re: Big Coke bust in Winnipeg ends in acquittal [Re: Greendreams]
    #14225871 - 04/02/11 12:44 PM (12 years, 11 months ago)

Been harassed by this cop before he's a real dick. Never caught my with anything but he'll give you a real hard time. Hopefully he will learn his lesson now.

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Offlinebenton
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Re: Big Coke bust in Winnipeg ends in acquittal [Re: Country1]
    #14232345 - 04/03/11 05:49 PM (12 years, 11 months ago)

Quote:

Country1 said:
Been harassed by this cop before he's a real dick. Never caught my with anything but he'll give you a real hard time. Hopefully he will learn his lesson now.


Haha no way, small world.

This is amazing, the story made my day. Picture the look on that guys face and how hard he partied after hearing "not guilty". If this had happened in the US the dude would be on fucking death row. You don't just get off with 17 kilos, that is nuts. Lucky, lucky, LUCKY dude...

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OfflineAlan RockefellerM
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Re: Big Coke bust in Winnipeg ends in acquittal [Re: benton]
    #14233343 - 04/03/11 09:06 PM (12 years, 11 months ago)

Quote:

benton said:
If this had happened in the US the dude would be on fucking death row. You don't just get off with 17 kilos, that is nuts.




Many people in the US have been let off from major drug charges due to illegal searches and other technicalities.  No one has been put on death row in the US for drugs.

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Offlinebenton
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Re: Big Coke bust in Winnipeg ends in acquittal [Re: Alan Rockefeller]
    #14233877 - 04/03/11 10:36 PM (12 years, 11 months ago)

Quote:

Alan Rockefeller said:
Quote:

benton said:
If this had happened in the US the dude would be on fucking death row. You don't just get off with 17 kilos, that is nuts.




Many people in the US have been let off from major drug charges due to illegal searches and other technicalities.  No one has been put on death row in the US for drugs.


Haha, I know that no one has been put on death row for drug charges it was a hyperbole. What I meant is, especially in the area I live, police are very corrupt and a judge will take the police officer's word regarding what went down, when it is often an extremely botched, far fetched version of what actually happened granting them the probable cause they needed. I don't hear too many stories in the news of people getting caught with $2 mil worth of coke and let off but I'm sure it has happened I stand corrected.

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