MOUNTIES DEFEND SEARCHES

Vehicles Aren't Searched Without Consent Or Reasonable Grounds, Police
Say

RCMP Cpl. Rick Tessier says the Mounties in his Roving Traffic Unit
don't pull over motorists on the highway because they look like drug
traffickers.

They also don't disregard Charter rights in order to seize drugs and
make an arrest.

And when an officer tells a motorist he's free to go or free to refuse
questions or a search, Tessier says that motorist is free to leave.

"I've had people refuse (my request), I tell them to have a nice day
and they put the car in drive and they leave," he says.

Police searches are a live issue in courts across the country and
Moncton is no exception. From Moncton provincial court to the Supreme
Court of Canada, lawyers are debating the legality of everything from
police dogs sniffing luggage at the bus station to Mounties searching
vehicles during a highway traffic stop.

Moncton provincial court has seen two cases over the past few weeks
involving traffic stops on Highway 2 (the Trans-Canada Highway) in
this region. In both cases, Const. Stephane Raymond received
permission to ask the driver a few questions and then received
permission to search the vehicle. Both times approximately 50 pounds
(23 kilograms) of marijuana were seized.

In one instance, Judge Pierre Arseneault ruled the marijuana could not
be entered into evidence because he felt the officer acted on a hunch,
not reasonable grounds. In a case this week, Judge Irwin Lampert ruled
the officer had obtained permission for the search and allowed the
marijuana into evidence.

But Lampert also said judicial opinion in Moncton and elsewhere is
clearly divided on the subject. He suggested the matter should be
brought before the New Brunswick Court of Appeal for a decision.

"I like Judge Lampert," says Tessier. "I don't have a problem with
what he's saying."

Tessier was promoted to head of J Division's Roving Traffic Unit in
March. The unit, based out of District 11's Riverview office, has
three members in the southeast part of the province, including
Tessier, and two in the northwest region. He says they spend most of
their time patrolling the Trans-Canada Highway and since January have
seized $6 million worth of drugs and contraband tobacco from vehicles.

Tessier took a break from his patrol yesterday to sit down at the
Salisbury Big Stop and talk about his unit and how the officers
operate, given the recent discussion of vehicle searches in court.
He's heard local defence lawyers refer to their procedures as
unconstitutional and improper, but he says those lawyers are hired to
defend their clients, so that's to be expected.

Most of the attention the traffic unit receives is when an officer
catches a big shipment of drugs, but Tessier says they do a lot more
than watch for drugs on the highway. They enforce the Motor Vehicle
Act and the Criminal Code, offer assistance to drivers and even give
directions.

"We talk to people who say they're driving to Montreal, but are
actually heading east," he says with a chuckle.

While they have many duties, officers are cognizant of the fact the
TCH is the pipeline organized crime uses to bring drugs into Atlantic
Canada. So when they pull someone over, the officers have their eyes
open.

Tessier says there's no truth to the suggestion police invent motor
vehicle infractions simply to pull over people they suspect of running
drugs.

"I cannot tell you what a travelling criminal looks like," he says.
"But I can tell you how a travelling criminal behaves."

Officers in this unit are trained under the RCMP's Pipeline program to
spot people transporting illegal goods. During a traffic stop, they
have a series of indicators they look for that raise suspicions
there's something illegal in the vehicle.

Tessier says no one indicator is enough. It takes a series of red
flags to make an officer suspect something.

For an example, he talks about a motorist being nervous. He says it's
natural for a driver to be nervous when talking to a police officer.
But most people become less nervous as the encounter progresses.

People with a trunk full of marijuana or cocaine get more nervous the
longer the encounter goes on. Combine that with other indicators and
the officer may decide the situation requires more attention.

Tessier says according to police protocol, the officer completes the
motor vehicle matter and returns the driver's licence and
registration. If he has any suspicions, he tells the motorist he's
free to leave, but asks if he can ask him a few questions.

Tessier says some people say no and drive away, while others agree to
talk. When asked if he thinks the presence of an armed police officer
at the window may intimidate some people into staying, Tessier says
people say no and drive away all the time.

If the answers to the questions continue to elevate the officer's
suspicions, he may ask if he can search the vehicle, again explaining
that the motorist can say no. The officer is supposed to tell the
motorist if anything is found during a search, it can be used against
him. Tessier says it's not uncommon -- as with the two recent cases in
Moncton court -- for a person with hundreds of thousands of dollars
worth of drugs in the car to agree to a search.

If the officer already has reasonable grounds, such as seeing a joint
in the ashtray, Tessier says that's enough to search without consent.

The corporal says drug traffickers often consent to searches because
they want to look co-operative, they don't believe the officer will
search or they don't believe the Mountie will find anything. He says
they also sometimes believe if they co-operate, it will look good in
court.

Tessier says the officers in the unit are trained to look for criminal
activity and trained to follow the proper procedures. He says if a
case goes to court, the officer knows he must be able to explain
exactly why he felt the need to ask questions and request a search.

"We, as police officers, do not go on a hunch," he
says.

Sometimes judges don't agree with the officer's tactics and the search
is ruled illegal. Tessier says in those cases, they review what went
wrong and try to improve their techniques. He describes this as an
evolving area of law enforcement.

When asked if officers would do an illegal search without reasonable
grounds if it meant getting drugs off the street, but no conviction in
court, Tessier says no.

"That's a myth," he says. "We would be doing a disservice to the
public by not bringing these people to court. I like to have a
conviction at the end of the business day."