Last week, Ontario Superior Court Judge Ann Molloy said the search, arrest, and detention of individuals without a search warrant violated the human rights guaranteed by the Constitution.
The judge said, “Thus, the suspect who was accused of violating the Firearms Control Act and the Drug Trade Act will be released without charges even though there are several reasonable evidence presented by the police.”
Mr. Carapet Tropp called the emergency number 911 and asked for help, saying that his girlfriend was drinking too much and was in a dangerous condition. When the police arrived at his home and found firearms and drugs through a search, he was arrested and charged. He, of course, neither asked nor received permission from the suspect.
Judge Molloy said, “During these searches, the lawless and illegal actions of the police were repeated many times. This causes more anger,” he declared.
Among the evidence presented by the police included five loaded guns and $3,000 in cash. It was evidence that the suspect could not deny. However, the judge said, “The police do not have the right to arbitrarily search the suspect’s house. The judge admits the evidence and punishes the accused, it is like saying, ‘The police’s behaviour was bad and violated the human rights clause, but I will ignore it.’
In recent years, courts have dismissed several felony prosecutions, such as murder, gun and drug offenses, on the grounds of police misconduct. Racial prejudice, house searches without permission, and interrogations without a lawyer are all illegal.
In April, the Ontario Prosecutor’s Office asked the court to dismiss the prosecution of a drug trafficker and received permission. This is because the police officer in charge of the investigation stole some of the confiscated drugs and confessed to taking them. In March, the court dismissed the charges and acquitted the drug dealer.
It was revealed that police officers had stolen $6,000 of his property during a search of his apartment. The attorney representing the accused in the above two cases was Kim Scofield.
He said, “I don’t know if these incidents that exposed the lawlessness of the police have taught the police a lesson. In the future, if such illegal acts by the police occur, citizens must protest and correct them so that a righteous society will be established.”
Carapet told the courtroom that the police had searched his apartment without permission and were unaware of the legality of the detention and of the suspect’s right to an attorney.
Police stayed at his apartment for two hours, searching and photographing him, and forcing him to unlock the locked room.