POLICE SEARCH POWERS UPHELD

A Supreme Court of Canada decision affirming the power of police to detain
and even search people without arresting them is an "atrocious" attack on
personal freedom, says a local professor of law. "It used to be good legal
advice in this country to tell someone you could walk away from the police
unless they arrested you. Not anymore," said University of Alberta law
professor Sanjeev Anand.

"As a visible minority myself, I can see how this kind of police power
could be used to harass people without cause."

City police, meanwhile, say they're satisfied the Supreme Court upheld
their right to detain and search within limits.

"Ultimately it's about the officer's own safety," said Sgt. Greg Preston,
Edmonton Police Service legal adviser.

"We think police should have the automatic right to search - it would be
the most effective way to protect police. But, overall, we're pleased."

Yesterday's Supreme Court ruling upheld the acquittal of Philip Henry Mann,
a native Winnipeg man busted there in 2000 for trafficking after he was
stopped and searched by police, and found to be carrying almost an ounce of
marijuana.

In a 5-2 decision, the court ruled police have the power to briefly detain
someone without arrest for "investigative purposes" - Mann was held in
connection with a break-in.

The court also upheld cops' power to do a pat-down search on a detainee -
but not to arbitrarily search the suspect's pockets, as was done in Mann's
case, unless the officer has good reason to believe the suspect might be
hiding a weapon.

"The search must be grounded in objectively discernible facts, to prevent
'fishing expeditions,' " wrote Justice Frank Iacobucci.

The problem, said Anand, is the court left the definition of "discernible
facts" completely open-ended: an officer could claim he thought a suspect
was armed in order to conduct a pocket search.

"It's extremely nebulous," he said.

"The public did not elect the Supreme Court to curtail citizen liberty.

"It's time for Parliament to draft some clear limits on police powers."

Preston, who submitted a court brief in the Mann case on behalf of the
Canadian Association of Chiefs of Police, doesn't see the decision changing
current practice.

"Basically you must be able to argue after the search that the officer had
reasonable grounds to suspect a threat to his safety."