Burin Peninsula woman’s Charter application dismissed
Darla Mitchell arrested for trafficking oxycodone last year
A Burin Peninsula woman’s Charter bid to have evidence excluded from her upcoming drug trafficking trial has been rejected.
The application was based on an alleged breach of her right to be secure from unreasonable search and seizure.
Judge Harold Porter denied Darla Catherine Mitchell’s request at provincial court in Grand Bank Tuesday.
Mitchell argued in the application for the exclusion of evidence found on a cellphone seized during the stop and a warrantless search of her vehicle by police on Aug. 4, 2015.
As well, she contended further infringement occurred because the examination of the cellphone had been completed outside the time allotted in a subsequent search warrant.
Mitchell was later arrested and charged with trafficking oxycodone.
Porter said the initial stop of Mitchell’s car, as well as her arrest and the incidental search that led to the seizure of the cell phone were all lawful.
“Nothing done by the police can be characterized to amount to a breach of the rights of the accused,” he said.
The judge also rejected the claim Mitchell’s rights were infringed during the examination of the cellphone.
A hearing will be held with Mitchell’s counsel on Sept. 13 to determine a date for the continuation of her trial.