COURT: POLICE SEARCH LEGAL

Local police are happy with a B.C. Court of Appeal judgment handed
down on Tuesday, when a man who felt police had no valid reason to
pull him over in a traffic stop lost his appeal.

Clayton Ingle, who was pulled over by Abbotsford police Const. Casey
Vinet near Fraser Highway and Bradner Road in July 2004, remains
convicted of possession for the purpose of trafficking, due to the
marijuana police found in "a number of large orange garbage bags" in
the van he was driving.

Ingle's appeal was based on grounds that questioned whether there was
a violation of his rights under the Canadian Charter of Rights and
Freedoms, mainly hinging on whether the initial vehicle stop
infringed on his rights under section 9 of the Charter, to not to be
arbitrarily detained.

Due to a report of a theft, Vinet and other officers contained the area.

He stopped the car because it was the only vehicle leaving the area.

The car also had two people inside who fit the description of the two
men suspected in the robbery.

"Generally we do not comment on court decisions but we are pleased
with the outcome," Vinet said.

"It is an important decision for both the policing community and
public at large, as it reaffirms our ability to lawfully detain those
we have reason to believe may have committed a criminal act."

B.C. Court of Appeal Justice Anne Rowles, in her reasons for
judgment, wrote that Vinet was logical in his decision to stop the van.

When he stopped the van, Vinet smelled the marijuana in the garbage
bags and arrested Ingle. The original trial judge concluded Ingle's
Charter rights had not been violated and admitted the incriminating
[marijuana-related] evidence.

"I am not able to infer that the stop of the van was not based on a
reasonable suspicion that its occupants might have linked to the
reported theft incident, given the area, time of night, location in
comparison to the site of the theft complaint, and the fact that two
males were allegedly involved," Rowles wrote.

"I do not find his initial stop of the accused's van to constitute an
arbitrary detention."