Burin Penin­sula woman’s Char­ter ap­pli­ca­tion dis­missed

Darla Mitchell ar­rested for traf­fick­ing oxy­codone last year

The Southern Gazette - - FRONT PAGE - BY PAUL HERRIDGE

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.

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