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This is why we have gang-bangers on the street and the police are unable to do a thing about them...Thanks to Libewral judges.
Gun charge tossed
Judge rules search was illegal
Scarborough man walked free yesterday after a judge ruled that a search of his car trunk -- which turned up a sawed-off shotgun -- was illegal.
Justice Ted Matlow declared the search in December 2003 of the trunk of a car driven by Christopher Alkins was unconstitutional.
Alkins, 21, who has no criminal record or links to gangs, was also acquitted of possession of a pellet gun and kitchen knife he had stuffed down his pants because the Crown hadn't proved he intended to use them as weapons.
OFFICERS WERE CHECKING
Police found a sawed-off shotgun, a baseball bat and several changes of clothing in the trunk of the car occupied by Alkins, two youths and Andre Martin, believed to be a Cougar Court gang member who was banned from having weapons and from being in that area.
Officers from 42 Division were checking up on Martin shortly after Dec. 13, 2003, Matlow said, when they spotted him, Alkins, and the two backseat passengers smoking marijuana.
When Martin was ordered out of the car, an officer discovered a knife handle jutting from his pants and another weapon.
Martin was arrested for possessing a concealed weapon.
ENOUGH FOR ARRESTS
When Alkins was ordered out from behind the wheel, what looked like a handgun -- it turned out to be a pellet gun -- fell from his pant leg to the ground and he was arrested.
Matlow ruled that since the police had enough evidence against Martin and Alkins for the arrests, the officers weren't entitled to search the trunk on a "hunch" that more weapons might be concealed there.
"In my view, the search was based only on hunch and speculation," Matlow stated.
Police earlier had located a photo showing Martin posing with a "sawed-off shotgun protruding from his pants," Matlow said.
The Crown law office is now reviewing the case before deciding whether to launch an appeal.
Matlow's decision means all four accused walked virtually unscathed from the arrest.
Martin pleaded guilty to a weapons charge, received a suspended sentence and probation and signed an affidavit stating the shotgun in the trunk wasn't his.
Gun charge tossed
Judge rules search was illegal
Scarborough man walked free yesterday after a judge ruled that a search of his car trunk -- which turned up a sawed-off shotgun -- was illegal.
Justice Ted Matlow declared the search in December 2003 of the trunk of a car driven by Christopher Alkins was unconstitutional.
Alkins, 21, who has no criminal record or links to gangs, was also acquitted of possession of a pellet gun and kitchen knife he had stuffed down his pants because the Crown hadn't proved he intended to use them as weapons.
OFFICERS WERE CHECKING
Police found a sawed-off shotgun, a baseball bat and several changes of clothing in the trunk of the car occupied by Alkins, two youths and Andre Martin, believed to be a Cougar Court gang member who was banned from having weapons and from being in that area.
Officers from 42 Division were checking up on Martin shortly after Dec. 13, 2003, Matlow said, when they spotted him, Alkins, and the two backseat passengers smoking marijuana.
When Martin was ordered out of the car, an officer discovered a knife handle jutting from his pants and another weapon.
Martin was arrested for possessing a concealed weapon.
ENOUGH FOR ARRESTS
When Alkins was ordered out from behind the wheel, what looked like a handgun -- it turned out to be a pellet gun -- fell from his pant leg to the ground and he was arrested.
Matlow ruled that since the police had enough evidence against Martin and Alkins for the arrests, the officers weren't entitled to search the trunk on a "hunch" that more weapons might be concealed there.
"In my view, the search was based only on hunch and speculation," Matlow stated.
Police earlier had located a photo showing Martin posing with a "sawed-off shotgun protruding from his pants," Matlow said.
The Crown law office is now reviewing the case before deciding whether to launch an appeal.
Matlow's decision means all four accused walked virtually unscathed from the arrest.
Martin pleaded guilty to a weapons charge, received a suspended sentence and probation and signed an affidavit stating the shotgun in the trunk wasn't his.