Police received an anonymous tip relative to the importation and sale of heroin and cocaine into Canada. Consequently, the police engaged in a lengthy investigation which culminated in HSK’s arrest and corresponding search of the motor vehicle he was driving at the time. A search of that vehicle revealed the presence of several thousand dollars worth of heroin separated into multiple packages.
The police also executed a drug warrant on HSK’s residence where they seized various quantities of cocaine, marijuana, heroin, cash, scales, score sheet and packaging.
As a consequence of the foregoing HSK was charged with 9 separate offences including the following:
- 2 counts of possession of heroin for the purpose of trafficking.
- Possession of cocaine for the purpose of trafficking.
- Possession of marijuana for the purpose of trafficking.
- Possession of methamphetamine for the purpose of trafficking.
- Possess proceeds of crime.
BOTTOM LINE: As a consequence of protracted negotiation with the Crown concerning the constitutional shortcomings germane to the seizures aforesaid the entire matter was resolved by way of a guilty plea to simple possession of heroin contrary to section 4(1) of the Controlled Drugs and Substances Act and a $2,500.00 fine. All other charges were completely withdrawn. Patrick Fagan was also successful in securing the return of HSK’s Mercedes Benz AMG.