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Cops May Face Rap Over Rights Breach
Pubdate: Sat, 30 Apr 2005
Source: Edmonton Sun (CN AB)
Copyright: 2005, Canoe Limited Partnership.
Contact: http://www.canoe.com/NewsStand/EdmontonSun/
Details: http://www.mapinc.org/media/135
Author: Ajay Bhardwaj
COPS MAY FACE RAP OVER RIGHTS BREACH
City police haven't decided whether to discipline two officers who breached
the Charter rights of two men they pulled over.
"We need to look at the decision first," police spokesman Andy Weiler said.
"We want to see exactly what was said."
On Thursday, a Court of Queen's Bench justice threw out cocaine trafficking
charges against Darryl Christopher Twain and Franklin Logan.
Justice Eric Macklin wrote Const. Danny Hudon and Const. Clint Stallknecht
unlawfully detained Twain and Logan, failed to read them their rights and
conducted an illegal search of their vehicle.
"We have seen cases like this around the courts for (more than 20 years),"
said Stephen Jenuth, president of the Alberta Civil Liberties Association.
"What's surprising is the necessity to comply with the Charter is not
second nature for police."
Twain and Logan were pulled over Aug. 19 by the two "junior" officers, who
were looking for suspects in a July 9 shooting.
After handcuffing the men, the officers searched the vehicle and seized
cocaine, marijuana, a knife and cash.
"Reading someone their rights has got to be the first thing they do," said
Jenuth. "You see it on TV. It should be second nature."
Weiler said the department's legal advisers have asked for a copy of the
court's transcripts.
After lawyers pore over the decision - likely early next week - they'll be
able to make suggestions about what the police service should do next.
He added legal training plays a large role in recruit training and officers
receive regular updates on the changing nature of the law.
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MAP posted-by: Beth