These are our bread and butter. They include production of cannabis and other synthetic drugs, trafficking and possession, as well as importing. These offense most often have no complainant. In other words, no one got hurt. The investigation is carried out by the police who use search warrants, the powers of arrest, and wiretap technology to build a case against a defendant. We attack that process, hopefully showing that the police broke the law in finding the evidence. An arbitrary stop; a wrongful arrest, and an improperly issued search warrant can be used to exclude the evidence the Public Prosecution Service of Canada rely on to obtain convictions. Not all police are bad, but sometimes they believe the ‘ends justify the means’ and they take shortcuts to try to get people they believe are bad guys. When they do this, the lawyers at Tessmer Law will catch them and demonstrate for the Judge that the policeman didn’t respect the Constitution of Canada. Some people call these technicalities, but by making the police obey the law, we all have better freedom, and our clients can obtain acquittals.
Every case is different and we dig through all the evidence to attempt to get to the bottom of each drug investigation. Sometimes police rely on informants, whose name is confidential. We will not usually be able to get the name of that person, but we will do our best to ensure that the police put accurate information before a Justice to obtain a search warrant. There are many requirements for the police to follow when executing a search warrant. For instance, police can now get Telewarrants from a justice of the peace by way of a fax machine. In these cases a police officer is legally required to serve the fax copy of the warrant on the occupant of the home when executing. Police should know this, but frequently still do not serve the warrant. In Regina v R.M.,(2013) the lawyers at Tessmer Law got a marihuana grow case thrown out, largely because of this.