Searches: Drugs; Gun; Police deception; Exclusion of evidence
On December 17, 2008, The Honourable Justice Suzanne Hood, rendered a written decision excluding bulk marijuana, packaging materials and a loaded handgun that were seized by the Halifax Regional Police from Christopher Henderson's trunk after his car was struck by another car in Dartmouth, Nova Scotia. Justice Hood found that the police did not act in good faith, and deliberately misled Mr. Henderson in order to circumvent the necessity of having reasonable grounds to search his car. That is, Justice Hood found that the police deliberately misled Mr. Henderson in order to force him to incriminate himself by opening his trunk and then the police tried to justify their actions with another story after it became apparent that certain other police officers notes contradicted their story. Justice Hood ruled that the courts have to be able to rely on the word of the police. In Mr. Henderson's case, the Court found that certain of the police involved were not truthful with Mr. Henderson or in their courtroom testimony and as a result the improperly seized evidence must be excluded. The Henderson decision can be found at: http://www.halifaxcriminaldefenselawyerblog.com/doc081218.pdf
