Wednesday, October 25, 2006

What the hell is this about?

Ok, we have some laws in Canada, they address probably cause. The jist of these laws is that the police can not come to your house and search it for no reason. Somewhere in there, they also can't come into your house to look for dead bodies and charge you with other things they may find. There may be limits to this but I am not sure what they are.
I guess it has it's place, and in this day and age of conspiracy theories, they are reassuring. However, there is a time and place for those laws and I am not sure that I like how it affected the following story

Gun-toting ex-soldier acquitted
Cops had no right to search man's pack, where they found a firearm, judge says Keith Fraser, The ProvincePublished: Wednesday, October 25, 2006
A former U.S. army soldier found carrying a loaded handgun in his backpack has been acquitted after a judge found that police breached his rights while engaging in a "fishing expedition."
Kenneth Allen Peters, 42, was under a firearms ban while on statutory release when he was approached by two New Westminster police officers at a SkyTrain station on Oct. 2, 2005.
Previously deported six times from Canada, Peters was speaking on his cellphone and had made no attempt to board a series of trains that had gone by. When police asked what he was doing, he replied that he was waiting for a friend who would be on the next train.
Peters gave police a false name, which they ran on their computer. The name showed up as an alias used by a federal inmate on statutory release banned from carrying firearms.
Peters then produced a piece of paper with the name Ken Peters on it. The police arrested him for giving a false name and searched his backpack.
They found a Sig Sauer hand-gun loaded with hollow point ammunition. They also found a box of ammunition for the gun, a gun holster, $7,300 Cdn and $140 US.
Peters was charged with possessing a loaded prohibited or restricted firearm, obstructing a police officer and possessing a firearm while being prohibited from doing so.
But his lawyers argued that police had no reasonable grounds to suspect criminal activity and Peters was wrongly detained and searched.
B.C. Supreme Court Justice Selwyn Romilly agreed, finding that the police testimony that their search of the backpack was for officer safety was "ludicrous."
He said the accused was already handcuffed and it would be easy to push the backpack out of reach and the accused was not patted down after he was detained.
The judge called the search a "fishing expedition," with the two constables -- Scott Maglio and Gerard Kress -- interfering in the accused's liberty in the hope they could acquire grounds to arrest him.
kfraser@png.canwest.com
© The Vancouver Province 2006

1 Comments:

At 7:27 PM, Blogger gloriawywan said...

it's JARED kress.

 

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