Pubdate: Thu, 05 Jun 2003 Source: Province, The (CN BC) Copyright: 2003 The Province Contact: http://www.canada.com/vancouver/theprovince/ Details: http://www.mapinc.org/media/476 Author: Adrienne Tanner ILLEGAL POLICE SEARCH SETS POTTED VAN DRIVER FREE Drug-trafficking charge fails on grounds that Charter rights violated By his own admission, Lindh Carlson was caught red-handed with a van load of pot. A self-confessed dabbler in B.C.'s marijuana-cultivation business, Carlson told court that when Surrey police asked him to open the van, a marijuana plant tumbled out the rear door. Nonetheless, Carlson was acquitted of the resulting trafficking charges on grounds that his Charter rights had been violated during the search. B.C. Supreme Court Justice Lynn Smith said at a court hearing that the officer did not have sufficient reason to investigate Carlson. "There is no general right to detain and search based on a hunch," Smith stated in a written decision released March 21. "In general, citizens of Canada are to be free to go about their business and not to be detained by the police." Const. Paulena Gidda was summoned to 121st Street and 101A Avenue in Surrey by a caller complaining of two men in a white van posing as Green Team undercover police officers. They claimed they were staking out a grow operation but fled when the caller asked for identification. When Gidda arrived, the white van was gone. In the driveway of the home was a brown van with an Alberta licence plate dangling by one screw. When the brown van pulled away with Carlson at the wheel, Gidda pulled it over and asked to see his driver's licence. From the window wafted a strong odour of marijuana. Gidda claimed she read Carlson his rights and then searched the van. Inside were 135 potted marijuana plants. Carlson insisted Gidda did not read him his rights before demanding he open the van door. Smith did not believe the constable pulled over the van for a dangling licence plate because she did not ticket Carlson for any motor-vehicle offence. The judge ruled Carlson was wrongfully detained, the search of the van was unlawful and that to proceed with the charge would place the administration of justice into disrepute. Her final words to Carlson were undoubtedly most welcome: "Mr. Carlson, you have been found not guilty. You are free to go." - --- MAP posted-by: Josh