Drumheller Court House.
A man was found guilty of possession of drugs for the purposes of trafficking last Friday in provincial court in Drumheller.
Dwayne Sorenson appeared in provincial court in Drumheller for trial. He was charged with simple possession of marijuana and possession of cocaine for the purposes of trafficking.
Procedurally, his court day was largely held in voir dire (or a trial within a trial), as his lawyer launched a constitutional challenge of the validity of his client’s arrest.
The court heard how on April 11, 2013, Sorenson, 30, of Prince Albert was travelling eastbound on Highway 9 a few kilometres east of Morrin Corner. The vehicle he was driving caught the attention of Constable Jeremiah Jones and Auxiliary Constable Gerald Bystrom who were performing traffic enforcement.
As the car passed, Jones noted the license plate was not clearly illuminated and preceded to conduct a traffic stop.
Auxiliary Constable Bystrom first approached the stopped vehicle from the passenger side and noted the smell of burnt marijuana. He also noted a small marijuana cigarette in the driver’s lap. Constable Jones then approached the car and arrested Sorenson for possession of marijuana. Jones directed Sorenson to sit in the police cruiser while he searched the car Sorenson was driving. In the centre console, he discovered approximately 500 grams of cocaine in brick form, worth between $25,000 and $50,000.
Sorenson was rearrested for possession for the purposes of trafficking.
The defense’s main argument was that the initial traffic stop was not justified because the officers would not be able to make the assessment that the license plate was not well illuminated as the vehicle passed at highway speed.
Judge Mike Dinkel heard the evidence and agreed the case rises and falls on the validity of the initial stop. He concluded the stop was justified and that makes Sorenson’s detainment lawful.
The Federal Prosecutor asked that the evidence heard in the voir dire be added to the trial record. Defense called no further evidence.
Judge Dinkel found Sorenson guilty of the two counts.
Sorenson was released and a presentence report was ordered. He will be returning to court for sentencing in the future.
