- Type of Charges: Possession for the purpose of trafficking
- Type of Drugs: Cocaine Meth Fentanyl
- Likely sentence if convicted: 5-10 years
- Result: Win on all charges
- Win identifier number: 4431
- Lawyer: Sean Fagan
- Location: Calgary, AB
- Date: 2022
Summary of Allegations:
In this case, the police were conducting surveillance in a high-drug-use area during the COVID lockdown. They observed a vehicle that had a license plate that was registered to a residence in another part of the city. They also observed an occupant, who they believed fit a drug trafficker profile.
The police officers followed the vehicle and waited for it to violate a traffic law. The vehicle failed to stop completely at a stop sign and it travelled slightly above the speed limit. The police executed a traffic stop.
Upon getting to the vehicle, the officers used their flashlights to see as much as they could about the contents of the vehicle. The officers asked the driver to provide his license and registration, and in doing so, the driver opened his center console.
The officers thought they saw a plastic bag with white powder in it. The officers returned to their patrol car and discussed whether they had the grounds to search the vehicle. Ultimately, they decided that they did. They arrested the occupant and searched the vehicle.
A large quantity of drugs was seized from the vehicle, including meth, fentanyl, crack and powder cocaine. The drugs were packaged in a manner that the police expert ultimately argued was consistent with drug trafficking.
Sean Fagan was successful at beating all of the charges before trial, sparing X.X. a very lengthy period of incarceration and a criminal record.