David's Case: Summary of Police Allegations
A Canadian Border Security Agency officer observed a vehicle leaving Cornwall Island. The vehicle was similar to one the officer had seen crossing the bridge earlier in the evening. The car was spotted outside a Walmart, and the officer noted that the vehicle was “sitting extremely heavy.”
The officer watched the car make a loop of the shopping complex and return to its initial location near Walmart. Later, a man believed to be David approached the car carrying a plastic bag. According to the police, the man spoke with the driver for some time, was handed something, and then the driver of the car pulled away.
Shortly after, the officer saw both men enter the vehicle in a fast food restaurant’s parking lot. At this point, the CBSA officers notified Cornwall RCMP.
Two RCMP officers arrived on the scene, activated their emergency lights and approached the vehicle. An RCMP officer questioned the driver of the car before noticing a blanket covering items on the floor of the back seat. The two RCMP officers searched the vehicle and found 150,000 unstamped cigarettes in numerous re-sealable bags.
David, who had been sitting in the passenger side of the front seat, was arrested for possession of unstamped tobacco. The arrest was made by an RCMP officer “from memory”. The officer asked David if he would like to speak to a lawyer and David said, “uh?”. The officer then asked if he would like to speak to Duty Counsel, which is free. David responded and said, “Yes, Duty Counsel.”
David and the other accused were then put into a marked car and brought to the police station. The car was towed to the RCMP storage vault for processing.
