Const. David Matthew Clarke.

Surrey Mountie guilty on gun charges

But police violated constable's rights, court hears

A Surrey Mountie has been found guilty on two charges of gun possession stemming from a search of his home six years ago.

Surrey RCMP Const. David Matthew Clarke appeared Friday in New Westminster Supreme Court before Justice Elizabeth Arnold-Bailey to hear her rule on searches of his two homes.

In October 2010, Clarke owned a home in Chilliwack and lived in a rented basement suite in Cloverdale.

His girlfriend lived in the Chilliwack home with her kids.

After a dispute with him, she called Clarke’s supervisor, which eventually led to a search of the Chilliwack home, which she consented to.

In that home, RCMP found an FN FAL semi-automatic rifle and a Remington Colt semi-automatic handgun.

A search of the Surrey suite was conducted, but Arnold-Bailey found the evidence was inadmissible.

Under the provisions of the search warrant issued for the basement suite, the RCMP were allowed to seize specific guns from the residence, but investigators came out with 97 pieces of evidence.

The warrant didn’t allow for that kind of search.

“Police violated Mr. Clarke’s rights,” Arnold-Bailey found. “It cannot be said that the police acted in good faith.”

Arnold-Bailey found Clarke guilty of possessing the two guns found at the Chilliwack property.

A sentencing hearing is scheduled in New Westminster Supreme Court on March 24.





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