Pubdate: Sat, 04 Oct 2003
Source: Winnipeg Sun (CN MB)
Copyright: 2003 Canoe Limited Partnership
Contact:  http://www.fyiwinnipeg.com/winsun.shtml
Details: http://www.mapinc.org/media/503
Author: David Schmeichel, Courts Reporter

COCAINE SUSPECT VIOLATED

Strip Search Illegal: Judge

A young man saw his drug possession charges thrown out of court
yesterday, after a judge ruled that a streetside strip search violated
his constitutional rights.

Travis Paquette, 22, was charged with possession of cocaine for the
purpose of trafficking on May 10, 2002, after police found a package
containing six rocks of crack in the waistband of his boxer shorts.

Paquette was initially spotted walking in the direction of a McKenzie
Street residence where he'd been spot-checked by police a week before.

He broke into a run when he noticed the cop car, but police cut him
off before he could reach the residence. They immediately began
questioning him to determine whether he was breaching his parole and
noticed he was holding two cellphones -- one in each hand.

The officers pinned Paquette against the side of their car and began
searching him for weapons, believing him to be a known gang member.

One of the officers admitted to pulling Paquette's sweat pants down to
his knees, while witnesses inside the residence claimed he also pulled
down Paquette's boxer shorts, exposing his buttocks.

Neither officer asked to see Paquette's parole card while he was in
their custody.

'CAN'T ABUSE AUTHORITY'

In a written ruling released yesterday, provincial Judge Brian Corrin
ruled the search was both invasive and illegal.

"It is simply not reasonable for police officers to pull someone's
pants down in a public place in the course of conducting a weapons
search incident to investigative detention," Corrin wrote. "To do so
in the present circumstances was a flagrant and debasing affront to
Mr. Paquette's human dignity."

The ruling shows that officers can't overstep their bounds while
detaining suspects, said defence lawyer Martin Glazer.

"The police can't abuse their authority," Glazer said outside court.
"Canada is not a police state."

In addition to the possession charge, Paquette had also been facing
one count of possessing proceeds of crime.

He was found not guilty of both charges. 
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