Judge rules RCMP’s use of text messages was OK
Jennifer Montgomery, 31, was charged with a number of drug offences after Mounties obtained a search warrant for her home
Police had every right to use text messages found on a woman’s phone to launch a subsequent drug investigation inside the home she had just left, a judge ruled Wednesday in Penticton. The validity of that tactic was challenged in a voir dire at the outset of the B.C. Supreme Court trial for Jennifer Montgomery, 31, who is charged with possession of methamphetamine for the purpose of trafficking, plus simple possession of heroin and methamphetamine.
Court heard how officers arrested Natasha Clifton for breach of a court order outside Montgomery’s home on June 22, 2016.
Officers then looked through Clifton’s phone and found text messages between her and Montgomery that gave them cause to suspect Montgomery was selling drugs.
With the messages in hand, police then obtained a search warrant for Montgomery’s home.
Defence counsel Michael Patterson argued police violated Montgomery’s right against unlawful search and seizure by using Clifton’s messages against her.
“We are not arguing the rights of Ms. Clifton. We’re not concerned either with the search of the cellphone as a device. The argument is focused on the electronic conversation,” Patterson said.
Crown counsel Ginger Holmes suggested in reply that Patterson’s effort to challenge the warrant seemed “a lot like a fishing expedition,” and noted the texts wouldn’t be called as evidence during the trial itself.
Justice Gary Weatherill eventually sided with the Crown, explaining he didn’t see the evidence gathered through the search warrants as “fruit from the forbidden tree.”
After that was resolved, the trial began with the Crown calling Const. Chad Jackson of the Penticton RCMP Targeted Enforcement Unit as its first witness.
Jackson recalled that after the search warrant was approved around 10:30 p.m. on June 22, he and four other officers surrounded Montgomery’s residence and entered.
A male and a female came down the stairs with their hands up, he said, and Montgomery was located in an upstairs bedroom with a male.
“In addition to Ms. Montgomery, who opened the door, there was a male I recognized to be Ryan ‘Lucky’ Luscombe, who was standing directly beside Ms. Montgomery holding a samurai sword,” Jackson testified.
“I initially told Mr. Luscombe to put the samurai sword down, which he complied with.”
Montgomery was arrested after the search warrant was executed and Jackson recalled drugs and multiple items related to trafficking were located in a fire safe, which was in the middle of the bed in the master bedroom where Montgomery was located.
The trial is expected to continue through Friday.