Pubdate: Thu, 26 Jul 2007 Source: Victoria Times-Colonist (CN BC) Copyright: 2007 Times Colonist Contact: http://www.canada.com/victoriatimescolonist/ Details: http://www.mapinc.org/media/481 Referenced: http://www.mapinc.org/drugnews/v07/n887/a09.html Author: Michael Butterfield CUSTOMS OFFICERS NEED JUDICIAL OVERSIGHT Re: "Border guards need the right to search," July 21. The court did not say that border guards couldn't search suspects or vehicles. Judge Ellen Gordon said the guards needed a search warrant before they could start tearing the suspect's car apart. The Customs Act gives the guards the authority to apply for a warrant. As warrants can be obtained quickly by telephone and the situation was secure, the guards had no legal authority to conduct a warrantless search. The right to invade someone's privacy must be limited and have judicial oversight. If it does not, we are all vulnerable to the whims of officials in uniform. By viewing the border as a "charter-free zone," these guards felt they could search anyone whenever they liked, in any manner they wished. What if no drugs were found and the guards were mistaken? Would it still be appropriate to drill holes in the suspect's vehicle? And what happens when a person of colour or member of another victimized minority approaches the border? Do we leave them vulnerable to abuse? As a lawyer, I may disagree with Judge Gordon's decision to exclude the evidence uncovered by the search, but I applaud her for protecting our rights in the face of ill-informed criticism. Michael Butterfield, Victoria. - --- MAP posted-by: Jay Bergstrom