Judge slams Halifax police's strip search that found drugs on accused in road rage case
CBC
A Halifax-area man has had a slew of charges against him stayed after a judge concluded he was the subject of an illegal strip search by Halifax Regional Police.
Judge Alonzo Wright issued the stay in a ruling he delivered Wednesday in Halifax provincial court.
Dante Warnell Cromwell, 26, was facing more than 20 charges, including assault, drug trafficking and various firearms offences, stemming from an April 16, 2023, incident that Wright described as a case of "extreme road rage."
Cromwell was accused of brandishing a gun at another motorist, who promptly called 911.
Court heard that police searched Cromwell four times after his arrest. Wright said the first three searches were conducted properly, although nothing was found.
An audio and video recording was made of the third search.
"This was a very intensive and methodical search of Mr. Cromwell, from his head to his toes," the judge said.
It was the fourth search that was the subject of a blended trial and voir dire in March and May of this year.
The blended procedure allowed the judge to hear evidence before deciding what — if any — use he would make of that evidence in his ultimate decision.
Cromwell's lawyer, Ian Hutchison, asserted the last search violated Cromwell's Charter rights and he asked the judge to rule on the Charter argument to determine whether evidence obtained in that search should be used against his client.
In his decision, Wright noted police asked Cromwell if they could perform a strip search. Cromwell asked what would happen if he refused and the response was that police would use force. Cromwell then disrobed in front of four officers.
"Strip searching Mr. Cromwell in the presence of four white officers subjected Mr. Cromwell, a member of the Black community, to a humiliating and embarrassing strip search that was unlawful and was without lawful authority," the judge said.
As a result of that search, 41 baggies containing a total of 25.5 grams of crack cocaine were discovered concealed around Cromwell's midsection.
"I remind myself that the burden here is on the Crown to show that there was reasonable and probable grounds to conduct the most intrusive and degrading search available to the police," Wright said.
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