Pubdate: Thu, 19 Jul 2012
Source: Abbotsford News (CN BC)
Copyright: 2012 Abbotsford News
Contact: http://drugsense.org/url/BkAJKrUD
Website: http://www.abbynews.com/
Details: http://www.mapinc.org/media/1155
Author: Vikki Hopes

STRIP-SEARCH DECISION FACES LEGAL CHALLENGE

Petition Seeks to Have Ruling Quashed

The province's police complaint commissioner has petitioned the court 
to quash a decision made in December related to a strip search 
conducted by an Abbotsford Police officer.

In B.C. Supreme Court documents, Stan Lowe said retired judge William 
Diebolt erred when he cleared Const. Karen Burridge of any wrongdoing.

Diebolt concluded that the officer had "reasonable and probable 
grounds" to perform the strip search and to conduct it in a gas 
station washroom, rather than the APD station.

The complainant had alleged that the strip search was conducted 
illegally and without her consent.

The incident occurred on Aug. 15, 2009, when Burridge and another 
officer were transporting a prisoner, who told them he recognized a 
female drug dealer driving a vehicle in the area.

The officers pulled over the woman's car in the 32500 block of South 
Fraser Way. They were joined by a third officer in a separate cruiser.

All three officers noticed the smell of burning marijuana coming from 
the car as they approached it. Her vehicle was searched, and no drugs 
were found.

The woman, who had a criminal record for drug trafficking, was then 
told she was required to be strip-searched.

She had a temporary permit on her car that was two hours away from 
expiring, and she was given the option of being searched at the 
police station or in nearby gas station washroom to save time, 
according to documents from the initial ruling.

She opted for the immediate search, conducted by Burridge, and no 
drugs were found. She was released without charges, but filed a 
complaint with the Abbotsford Police Department 18 months later.

The investigating officer concluded that although Burridge had failed 
to advise the suspect of her right to retain counsel, the officer had 
"acted in good faith," and her actions did not constitute misconduct. 
APD Chief Bob Rich agreed.

The OPCC felt the matter should be reviewed, and Diebolt was appointed.

He concluded that the strip search was warranted because the suspect 
was known to be involved in the drug trade and marijuana could be 
smelled coming from her car.

Lowe said Diebolt erred in "applying the common law" and the 
"doctrine of good faith" in making his decision.
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MAP posted-by: Jay Bergstrom