Pubdate: Mon, 27 Jul 2009
Source: North Thompson Star/Journal (CN BC)
Copyright: 2009 Black Press
Contact: http://drugsense.org/url/i4mAe7d5
Website: http://www.starjournal.net/
Details: http://www.mapinc.org/media/1231
Author: B.C. Rural Crime Watch
Bookmark: http://www.mapinc.org/find?216 (CN Police)

SPITTING IS CAUSE FOR QUESTION

Is Spitting On The Sidewalk Still Illegal? Is It Sufficient Cause For 
Police To Question You?

A 22 year old man was spotted spitting on a Calgary, Alberta sidewalk 
in front of two Calgary beat cops.

Spitter's furtive behaviour, once he saw the cops eyeballing him, 
prompted the officers to ask for ID. Spitter was wanted in Edmonton 
for murder. Thanks to Calgary's finest, one more bad guy is behind bars.

But was spitting probable cause to detain him and ask for ID?

Alberta's Appeal Court ruled recently that finding a person in a high 
crime area exhibiting furtive behaviour is not sufficient to detain. 
January 28, 2007, a police officer in an unmarked police car, saw a 
young person enter an apartment that had two sets of glass doors. 
Young Person entered the first set of doors and a man, sitting on 
steps inside the second doors, reached his hand through accepting 
something from Young Person. Young Person returned to his car. Once 
in his vehicle the cop approached and ordered him out. Young Person 
was told he was being detained for a drug investigation. He was 
handcuffed and searched. The latter produced 14 packets of crack 
cocaine and $800.00 in cash. Young Person's cell phone rang. The cop 
answered it. The caller wished to purchase drugs.

You with us so far? Pretty straight forward one would think. Catch 
the kid selling drugs. Badabing, Badaaboom. One drug dealer off the street.

Shake your head. Didn't happen that way. The first judge found Young 
Person guilty, accepting all evidence and circumstances. Young 
Person, who to any one with an IQ above 40 would agree was guilty, 
felt his Charter rights were violated.

Alberta's Appeal Court judges, in their infinite wisdom, declared the 
search a Charter violation. To add insult, the judges rejected the 
undercover drug officer with 13 years experience as an expert 
witness. The Court wrote there was no evidence the officer was any 
more qualified than any other officer. Yikes!

The Court further wrote that the officer was not justified in 
detaining the suspect even though neighbourhood residents had 
repeatedly complained to police of the drug sales and Young Person 
fit the behaviour of a drug salesman. The Court concluded that even 
though the suspect was under legal age and absent of adult 
supervision at 12:22 am on a Sunday morning, he had the right to be 
free of police interference.

And you wonder why we have such high youth crime?

Here's the clincher and a slap in the face of law enforcement and 
law-abiding citizens everywhere.

The Court criticized the officer saying he neglected to take 
advantage of other available investigative techniques. He neglected 
to ask the youth what he was doing, the officer didn't run the kid's 
vehicle plate, and didn't call for back-up. Have these judges done a 
ride-along recently?

The Court concluded their jurisprudent travesty by writing that 
although the public has a desire for the  detection of drug 
traffickers, they have an equal desire to come and go as they please, 
free from police interference, without detention and search. Even a 
kid who should be under adult supervision? All judges don't mock the 
law. A British Columbia secondary school wasn't able to get a handle 
on their on-site drug sales because the dealers and customers knew 
the undercover cops by sight. A teacher, whose tenth grade student 
was assaulted by the drug dealer, volunteered to observe the same 
exchanges for which the Alberta cop was castigated. Drug dealer was 
arrested, tried, convicted and the B.C. Court of Appeals upheld the 
conviction. Yes!

How would you react to detention?

A RCW member said he was driving on Highway 1 near Chilliwack, B.C. 
heading east returning to Kamloops when a police car passed him, 
flashing lights, got in front and slowed down. Another police car was 
on his rear bumper.

Flashing lights.

He pulled to the side of the road and immediately both Mounties were 
at both doors with Smith's drawn. They yelled for him to exit the car 
which he did immediately. They handcuffed him, patted him down, 
removed his wallet and placed him in the back of one of the police 
cars (PC). They then called dispatch for his information.

Scary enough so far?

Turns out his vehicle matched the description of one fleeing a bank 
robbery fifteen minutes previously. No plate number was obtained so 
police were stopping every vehicle matching the description.

Once the Mounties cleared the driver with dispatch, they apologized, 
explained their behaviour and the driver was on his way, pleased with 
the members' thoroughness, professionalism and courtesy.

The bank robber was caught shortly thereafter driving an exact 
duplicate of the RCW member's vehicle.. The Alberta kid? He was acquitted.
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MAP posted-by: Jay Bergstrom