JUDGE BLASTS JAIL STAFF'S STRIP-SEARCH VIOLATIONS

Warns Criminal Charges May Be Dismissed

VANCOUVER -- A B.C. Supreme Court judge has warned that criminal
charges may be dismissed regularly if the Vancouver Jail continues to
violate rules on when and how it conducts strip searches.

Madam Justice Elizabeth Arnold-Bailey sharply criticized the practice
of conducting strip searches of virtually everyone who is brought to
the jail in her ruling that a drug suspect's Charter rights were violated.

The judge declined to throw out trafficking charges against Zhou Peng
Wu, saying it was "not one of those clearest of cases in which a stay
is warranted."

However, in a lengthy written ruling handed down Jan. 27, Judge
Arnold-Bailey outlined procedures that Vancouver Jail staff must
follow "to meet the legal requirements pertaining to strip searches."

If the procedures are not implemented, "I expect that stay of
proceedings will be awarded in future cases where an individual is
strip-searched without a sound basis either in law or in existing
policy," she stated.

"The Vancouver Jail authorities should not be able to ignore their
legal obligations regarding the conduct of strip searches and should
therefore not anticipate any future tolerance of these practices by
the courts," Judge Arnold-Bailey wrote.

The ruling is a clear signal to the jail that "it better change its
procedures," said lawyer Rick Brooks, who represented Mr. Wu. "She
drew a line in the sand."

The defence lawyer agreed that some strip searches are legitimate. "I
just want them to treat people with some respect," Mr. Brooks said.

Five police officers were involved in the arrest of Mr. Wu, which was
part of an undercover "buy and bust" operation in downtown Vancouver
in May, 2004.

He is accused of selling 1.5 grams of cocaine to an officer for $80.

A cellphone and $265 were allegedly found on Mr. Wu at the time of
his arrest. He was taken to the Vancouver Jail and placed in a search room.

Two corrections officers ordered Mr. Wu to stand on a designated spot
and remove all of his clothing, a procedure that jail officials refer
to as a "safety search."

"He was then directed to do various things: open his mouth, shake his
hair, lift his penis and scrotum, turn around and lift his legs one
by one, bend forward and spread his buttocks," the judge said.

Mr. Wu was naked for about 10 to 15 minutes, and a door in the search
room that looked onto a busy work area within the jail was
intentionally left open. A jail guard testified that it was open for
safety reasons.

Judge Arnold-Bailey noted that other judges have previously
criticized the Vancouver Jail for ignoring directions from the courts
about strip-search procedures.

She said a strip search is justified only if there are "reasonable
grounds" or if a senior officer has determined that someone who has
been arrested will be kept in custody.

Jail officials may install a "panic alarm" in the search room, but
strip searches must be conducted in private, with doors and windows closed.

An individual who is strip-searched should be allowed to remove
clothing in stages and should not be completely undressed at any
time, the judge instructed.

B.C. Corrections spokesman Bruce Bannerman said new policies were
implemented in 2004 after a previous court ruling about strip
searches conducted at the Vancouver Jail.

"We will be reviewing this decision to see if changes need to be
made," he said.