Judge Agrees With Crown Appeal
The BC Court of Appeal agreed with the Crown it wasn’t oreasonable for Tim Felger to expect that the police could not come into his store and ordered a retrial on drug charges which had been thrown out of court in an earlier decision.
Felger has not yet decided whether to appeal the decision to the Supreme Court of Canada.
The decision stems from an earlier acquittal due to the manner in which the police had entered Felger’s Da Kine storefront on Essendene Avenue in Abbotsford and a rejection of the evidence the police collected against him.
Despite signs Felger had erected telling police they were not allowed into his store without a warrant, APD officers repeatedly entered the store and, an earlier judge ruled, that made the evidence they presented inadmissible.
Felger has always maintained that the charges against him were trumped up charges and that he had an expectation of privacy and a reasonable expectation that the APD would need a warrant to come into his premises seeking evidence against him.
No date has been set for the new trial.
To read the decision click here.