Halifax judge throws out evidence related to large narcotics bust in 2015

A Halifax judge deflated the Crown's drug case against a woman in a ruling released Monday that also admonished a number of veteran Halifax police officers.

When police arrested Tavia Patrice Connolly in May 2015 after seizing a large amount of drugs, cash and weapons during a search of her Kearney Lake home and car, it looked like a slam dunk case to bring to court.

"The search resulted in the seizure of large quantities of various drugs including powder cocaine, crack cocaine, ecstasy, cannabis, hashish and heroin. The search also resulted in the seizure of four operational handguns as well as related ammunition," court documents say.

Connolly, who was 24 at the time of her arrest, was charged in a 27-count indictment.

Police had her home at 327-B Kearney Lake Road under surveillance after receiving a tip that it was being used as a "stash house."

At 7 p.m. on May 8, 2015, Connolly was pulling in to her driveway with her young son in the passenger seat when she was intercepted by police, according to court documents.

Officers then searched her vehicle, finding a small quantity of marijuana and ecstasy as well as scales, and arrested the woman.

Police did not have a warrant to search her home until 12:50 a.m. the next day but entered the house prior to being granted the warrant. The woman was advised of her right to counsel and taken to police headquarters.

Waited more than 15 hours to speak to lawyer

But before Connolly's case could go to trial this year, her lawyer filed an application to exclude the drugs and guns as evidence because of the warrantless search and Connolly's delay in being allowed to speak to a lawyer, which was more than 15 hours after her arrival at police headquarters.

The arresting officer did allow Connolly to phone her mother to care for the child.

In his ruling released Monday, a Nova Scotia Supreme Court judge agreed that the woman's rights had been violated.

The four police officers involved in the bust had between 13 and 24 years of law enforcement experience, Justice Kevin Coady noted. 

"Sgt. Mike Willett is a 24-year veteran police officer with experience in the drug unit. He entered 327-B Kearney Lake Road without a warrant," he wrote in his ruling.

"When asked why he entered without a warrant, he gave four reasons: (1) The location of the arrest, (2) preservation of any drugs, (3) concerns about violence to the police or the public, and (4) a gut feeling."

The judge then concluded there was not enough evidence to justify Willett's "warrantless entry into Ms. Connolly's home.

"I find that Sgt. Willett's entry into Ms. Connolly's home was serious," Coady commented in his decision.

'There was no urgency'

"Concerns about officer safety and the preservation of evidence may have been viewed by the police as subjectively reasonable but they are not objectively reasonable. All concerns were speculative. There was no urgency. Other options were available.

"There was no evidence that anyone was in her apartment. Consequently, any concerns about officer safety and the preservation of evidence is entirely speculative."

CBC was unable to reach anyone from Halifax police for comment on the decision.

During arguments involving police actions in delaying Connolly's right to speak to a lawyer, Const. Lee Cooke, who was working that night, testified it is common practice to suspend an accused's phone call to counsel.

"When asked about the 15.5 hour suspension, he stated he had no recall of any other such lengthy suspensions in his ten years as a booking officer," the judge noted.

The Crown also argued that police were concerned that Connolly or her counsel might tip off someone about other arrests or searches that were ongoing at the time.

"I found little support in the evidence that Ms. Connolly's suspension was necessary to protect related operations. In fact I found little testimony that fully explained these so-called related arrests and/or searches," Coady said.

Even though the judge eventually ruled that the search of Connolly's vehicle was valid, he also excluded the drugs found as evidence as a "remedy" for the violations of her rights.

"The only relief available would be to rule inadmissible the small amount of drugs found in her vehicle," he said.

It is not known yet if the case will proceed to trial.