A Judge of the Supreme Court of Newfoundland has made an interesting evidentiary ruling when considering the constitutionality of a search that resulted in finding drugs and cash in the luggage of an airline passenger.
Acting on a tip, a sniffer dog alerted police, the bag was searched and the accused was arrested. He has argued that he had a reasonable expectation of privacy in his luggage and wanted the evidence excluded. The prosecutors argued that you have no expectation of privacy when traveling because luggage is routinely screened.
The Judge had this to say, according to the National Post:
"Obviously, searching or screening the accused's bags for the presence of drugs does not fit into the category of purposes for which screening was authorized," wrote Mr. Hall.
"I conclude that Brian Crisby had a reasonable expectation of privacy with respect to the contents of his luggage, save and except for searches by [airport] personnel for items that could be used to jeopardize the security of an aerodrome or aircraft. The drugs and money found in his baggage, which are the subject of this proceeding, are not such items and thus Brian Crisby had a reasonable expectation of privacy."
Mr. Rogers described the win as clearing the first hurdle toward having the charges dropped.