A JUDGE has thrown out a defence lawyer's argument that a customs officer's search of a man's car that turned up more than $80,000 was against the man's charter rights.
Judge Calvin Struyk told the court that Benjamin Fromme's words and demeanor after being stopped at the border between Hyder and Stewart gave the customs officer sufficient reason to search his vehicle in giving his reasons for his decision on the voir dire, a hearing to decide if evidence from crown or defence is admissible.
"All travellers entering Canada have a reasonable expectation to be searched [which] is not a charter right protected under the charter [of rights and freedoms]," said Struyk in giving his reasons for his decision in provincial court here May 2.
A customs officer can search a person's vehicle if the driver fails to report importation of money totalling more than $10,000 that is in his vehicle, or on board another conveyance coming into the country, said Struyk. It falls under the authorized screening that any person is potentially subject to, said Struyk.
Just after 2 a.m., Nov. 6, 2010, the Canadian Border Services Agency officer at the Canada customs office on the border between Hyder, Alaska and Stewart, B.C. saw a vehicle drive past into Hyder, stop briefly, then turn around and attempt to re-enter Canada, court heard.
The driver told the customs officer he had got lost on his way to Smithers and needed directions to get there, court heard.
The customs officer said she would give him directions but had a few questions for him first, court heard.
When asked, he told her he was going to Smithers to buy quads and repeated that he was lost and needed directions, court heard.
When asked if he'd purchased anything in Hyder such as food or if he had any currency in excess of $10,000 with him or coming afterward, he said no and that he thought he only had $100 or so, court heard.
His demeanor was friendly then perplexed and after pulling forward at her request, he asked her why she wanted his keys, saying he was a Canadian citizen and was lost, court heard.
He asked why she was searching his car and she said to see if his declaration was in order, court heard. He said he felt like a criminal, court heard. In the vehicle, the customs officer found a blanket covering a bag that had stacks of money in it. Written in gold print on the bag was the word "$80,000," so she asked him again how much money there was, court heard.
He said more than $10,000, court heard.
She placed him under arrest, handcuffed him and told him it was for failing to properly declare the money as required.
He indicated he understood and she told him he had a right to a lawyer. Fromme said he wanted to talk to the lawyer.
A back up officer was called and he helped Fromme talk to a lawyer by providing him with a cell phone, court heard.
The customs officer continued the search of the car and counted the money, $80,000 in U.S. and Canadian currency.
Defence argued that once he asked for a lawyer the search should've stopped so what was found was inadmissible, court heard.
"The response of Mr. Fromme more than revealed [he] had created grounds for arrest. The accused is essentially compelled in these circumstances to answer questions about how much is in the package but he implicates himself," said Struyk. Fromme's court case continues later this summer.