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Lawsuit Claims
Pubdate: Wed, 21 Feb 2007
Source: Edmonton Journal (CN AB)
Copyright: 2007 The Edmonton Journal
Contact: http://www.canada.com/edmonton/edmontonjournal/
Details: http://www.mapinc.org/media/134
Author: Charles Rusnell, The Edmonton Journal
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
OFFICERS ABUSED LAWYER'S SON: LAWSUIT CLAIMS
Matt Engel Strip-Searched But Not Charged
EDMONTON -- Edmonton police officers detained and strip-searched the
son of Edmonton defence lawyer Tom Engel after they threw away the
evidence -- a marijuana cigarette -- of his alleged crime, according
to a lawsuit filed Tuesday.
The statement of claim also alleges officers physically and
emotionally abused Matt Engel, never read him his rights and refused
the 22-year-old's repeated requests to call a lawyer.
After the strip search, he was released with no charges.
"The level of force used by the defendants ... was wholly unnecessary
and excessive, and was motivated by their animosity towards (Matt
Engel's) father and their own personal amusement rather than any
legitimate law enforcement purpose," the lawsuit states.
The lawsuit's allegations have not been proven in court and no
statement of defence has been filed.
In the statement of claim, Matt Engel admits he was smoking a
marijuana cigarette in an alley behind the Strathcona Hotel on Feb.
25, 2005, when he was approached by three police officers.
One of the officers asked for the cigarette and Engel gave it to
them. Edmonton police have the discretion whether to lay charges for
small amounts of marijuana and the lawsuit states the officers
decided not to charge Engel and threw away the marijuana cigarette.
But after discarding the marijuana, one of the officers asked Engel
to submit to a search. He initially declined but then relented and
emptied his pockets, including his identification.
Once the police officers realized they were dealing with the son of
Tom Engel, who is well known to police in Edmonton, it is alleged his
head was slammed against the wall, he was handcuffed and one of the
officers pressed his thumb under Engel's ear in a deliberate attempt
to cause pain.
Engel was taken to the Strathcona police station. At the station, one
of the officers "made a deliberate show of putting on rubber gloves
for the sole purpose of intimidating and frightening Engel and
causing him to believe that he was about to be subjected to a highly
intrusive body cavity search."
Engel asked to call a lawyer but his request was denied, the lawsuit
says. All his clothes, with the exception of his underwear, was
removed. The strip search ended when another police officer
intervened, the lawsuit states. Engel's clothes were returned to him,
he was locked in a cell and then released without charge.
After learning of the incident, Tom Engel made a Freedom of
Information request for all documents related to his son's arrest.
In direct response to the FOI request, one of the officers named in
the statement of claim created a memo for his commanding officer
outlining his version of events.
In the April 29, 2005, memo, Const. Bill Allen said he and two
officers saw a male who appeared to be serving as a lookout for
another male who was smoking what he believed to be a joint. The
smoker threw the joint down.
"From the start the male seemed to come across as not being happy to
being dealt with by police," the memo states. "He questioned the fact
that we were speaking to him at all about the drugs and from his
standpoint the possession of drugs was not against the law."
Allen said Engel was told he was under arrest for the possession of
drugs and he would be searched. Engel was also told he would be
searched for other drugs unless he voluntarily handed over any drugs
he may be holding.
"Engel said he would not hand over anything and that he would not
allow a search without being able to exercise his right to speak to
legal council prior to the search," the memo says.
Engel was taken to the police station and, according to Allen, was
informed "the search would take place with or without his approval.
"He then assisted in the search of his person which did not produce
any further drugs."
Engel was then asked if he wanted to speak to a lawyer or if he
wished to leave, and he opted to leave.
Erika Norheim, the lawyer for Matt Engel, noted that Allen's memo was
created from memory more than two months after the arrest since he
acknowledges he took no notes.
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