Judge slams Halifax police's strip search that found drugs on accused in road rage case
Slew of charges resulting from 2023 incident stayed after search ruled illegal
A Halifax-area man has had a slew of charges against him stayed after a judge concluded he was the subject of an illegal strip search by Halifax Regional Police.
Judge Alonzo Wright issued the stay in a ruling he delivered Wednesday in Halifax provincial court.
Dante Warnell Cromwell, 26, was facing more than 20 charges, including assault, drug trafficking and various firearms offences, stemming from an April 16, 2023, incident that Wright described as a case of "extreme road rage."
Cromwell was accused of brandishing a gun at another motorist, who promptly called 911.
Searched four times
Court heard that police searched Cromwell four times after his arrest. Wright said the first three searches were conducted properly, although nothing was found.
An audio and video recording was made of the third search.
"This was a very intensive and methodical search of Mr. Cromwell, from his head to his toes," the judge said.
It was the fourth search that was the subject of a blended trial and voir dire in March and May of this year.
The blended procedure allowed the judge to hear evidence before deciding what — if any — use he would make of that evidence in his ultimate decision.
Cromwell's lawyer, Ian Hutchison, asserted the last search violated Cromwell's Charter rights and he asked the judge to rule on the Charter argument to determine whether evidence obtained in that search should be used against his client.
Judge deems search 'unlawful'
In his decision, Wright noted police asked Cromwell if they could perform a strip search. Cromwell asked what would happen if he refused and the response was that police would use force. Cromwell then disrobed in front of four officers.
"Strip searching Mr. Cromwell in the presence of four white officers subjected Mr. Cromwell, a member of the Black community, to a humiliating and embarrassing strip search that was unlawful and was without lawful authority," the judge said.
As a result of that search, 41 baggies containing a total of 25.5 grams of crack cocaine were discovered concealed around Cromwell's midsection.
"I remind myself that the burden here is on the Crown to show that there was reasonable and probable grounds to conduct the most intrusive and degrading search available to the police," Wright said.
He raised a number of issues with the search, including the fact there were few notes kept by any of the officers, there were four officers present and the door to the room was left open.
The judge also questioned the basic pretext for the search, which appeared to be the testimony of one of the officers that he'd heard a "plastic, rustling sound" when Cromwell was seated in the back of a police car. But on cross-examination, the officer admitted Cromwell had no history of drug offences and his comment about the sound was included in notes made after the strip search.
"The fact that Mr. Cromwell was completely naked is not acceptable," the judge said. He said Cromwell could have been told to remove his clothing in stages to preserve some privacy.
HRP criticized for strip search in 2019
"They [strip searches] are degrading and harmful to members of our society," Wright said. "They are particularly harmful to members of the Black community who have historically been mistreated and have mistrust of the justice system. These types of searches do not help to ensure or instill trust in our communities when this happens."
This is not the first time a Nova Scotia judge has criticized Halifax Regional Police for the way it conducted a strip search.
Wright referenced that case in his ruling, pointing out that Halifax Regional Police should have learned from their mistakes.
Wright spoke directly to Cromwell near the end of his decision.
"This is not to say that you weren't carrying a handgun; it's not to say that you didn't commit an assault, it's not to say that you weren't in possession of 25 grams of cocaine," he said.
"It is to say that the police conducted a search that was so intrusive, it left me no choice in this matter but to issue a stay of proceedings."
Halifax Regional Police said in an email it was aware of Wright's decision and would be reviewing the case, but offered no further comment.
"Once we have brought the case before the courts, it is not our practice to comment on the actions of the judiciary," spokesperson Const. John MacLeod wrote.
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