Pubdate: Sun, 09 Dec 2001
Source: Daily News, The (CN NS)
Copyright: 2001 The Daily News
Contact:  http://www.canada.com/halifax/dailynews/
Details: http://www.mapinc.org/media/179

POLICE GET TICKET ON STRIP SEARCHES

Two young metro women whose complaint about a Halifax Regional Police strip 
search during a rave drug raid was thrown out by the Nova Scotia Police 
Commission may have found support at a much higher level -- the Supreme 
Court of Canada.

The dance club staffers, who were never charged, were searched under a 
general warrant, apparently based on poor information, and, despite much 
public indignation about the way they were treated, the commission found it 
justified. It seems the police should be having second thoughts.

In the Supreme Court ruling, a much clearer justification for a police 
strip search in a restaurant was struck down because of a lack of clear 
rules on an "intrusive search" (interfering) "with individual freedom and 
dignity." And this involved a handcuffed Toronto cocaine dealer who had 
been observed trafficking and did indeed have drugs found in a strip 
search. The court's 5-4 decision, which struck down a conviction, said 
strip searches should be done at a police station.

In that case, however welcome to civil liberty advocates, the objection was 
not to strip searches, but to the unreasonable application of police 
powers. This should open a door for a court appeal by the Halifax pair, if 
they wish to pursue it. In any case, the Supreme Court has given fair 
warning to police departments to set up procedures that are both reasonable 
and don't lead to real suspects going free when guilt appears so evident.
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MAP posted-by: Beth