By Alfa · Jul 24, 2004 · ·
  1. Alfa

    OTTAWA (CP) -- Police with reasonable suspicions have the power to
    detain people temporarily but can't go on "fishing expeditions" in
    their pockets for evidence, the Supreme Court of Canada ruled Friday.

    It was the first time the high court had examined an everyday police
    practice that many law officers and prosecutors take for granted.

    The decision upholds a ruling by a trial judge in Winnipeg, who
    acquitted Phillip Henry Mann of trafficking after police stopped him
    on the street in relation to a nearby break-and-enter and found almost
    an ounce of pot in his sweatshirt pouch.

    "Individuals have a reasonable expectation of privacy in their
    pockets," Justice Frank Iacobucci wrote in a majority decision that
    divided the high court 5-2.

    "The search here went beyond what was required to mitigate concerns
    about officer safety and reflects a serious breach of (Mann's)
    protection against unreasonable search and seizure."

    The court agreed, however, that police can briefly detain a person for
    investigative purposes, provided they have reasonable grounds to
    suspect the person is connected to a particular crime.

    Police can also do a pat-down search if they reasonably believe the
    person presents a safety risk.

    But reaching into someone's pocket because they feel something soft,
    as happened in the Mann case, doesn't cut it, said the court.

    "The search must be grounded in objectively discernible facts to
    prevent 'fishing expeditions' on the basis of irrelevant or
    discriminatory factors," wrote Iacobucci.

    Mann, a native, was walking in a high-crime area of downtown Winnipeg
    near midnight on Dec. 23, 2000, when police approached him after
    reports of a break-in a few blocks away.

    He was acquitted at his initial trial, but that judgment was
    overturned on appeal.

    The Supreme Court decision puts an end to the matter.

    Source: Canadian Press (Canada Wire)

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  1. searcher
    Canada seems to be trying to give its citizens the freedoms an open society should have. The average guy in the US is loosing more and more freedom and rights every day.
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