Case of B.C. man caught with 27,500 fentanyl pills thrown out due to Charter breach

‘Ambiguous’ signal by drug sniffer dog Doodz leads to B.C. Supreme Court decision

A man caught with 27,500 fentanyl pills in a van at a traffic stop in Chilliwack is free and clear after a B.C. Supreme Court justice dismissed charges due to Charter violations.

Sandor Rigo was driving a mini-van on Highway 1 on April 4, 2017 when he was pulled over by Cpl. Clayton Catelier, a police service dog handler with Fraser Valley Traffic Services, according to a decision posted on Jan. 21.

Catelier noticed a strong odour of cologne or air freshener in the minivan and several cellphones between the driver and passengers seats, both indicators of possible drug dealing.

Cpl. Catelier also noted that Rigo was “shaking violently.” Based on those three factors, and that Rigo had a “nonsensical” story about why he was travelling between Vancouver and Calgary, the officer detained Rigo for a drug investigation.

• RELATED: There have been 1,380 overdose deaths in B.C. this year: Coroner

The officer then deployed his police service dog, Doodz, to the exterior of the van. What happened next was the subject of some ambiguity, as Doodz seemed to be “in odour” (i.e. detecting drugs) and was bouncing her nose, wagging her tail and sniffing hard.

The dog then did a partial sit or attempted to sit but was blocked by a curb. Sitting is the indication the dog has found narcotics. Catelier then advised Rigo that Doodz had detected narcotics, and he was under arrest.

Rigo was transported to the Chilliwack detachment, and the vehicle was towed to a local tire shop. An initial search of the vehicle turned up nothing, but on closer attention, Catelier opened the housing over the right rear well and found five bags filled with fentanyl pills.

Defence called a former Anaheim County police dog handler deemed an expert who was critical of the video of Doodz’s behaviour and Catelier’s dog handling. Much of the decision in the voir dire addressing the alleged Charter violations was focused around the dog’s search.

In his written decision, Justice Michael Brundrett found that Catelier lawfully detained Rigo, he had reasonable grounds to conduct a dog-sniff search, but he questioned the purported alert by Doodz.

“I have found that the final sit confirmation was ambiguous and not sufficiently objectively reliable such that it adequately adds to the overall totality of circumstances so as to justify a search of the vehicle,” Justice Brundrett wrote.

Brundrett concluded the subsequent search was a violation of section 8 of the Charter of Rights and Freedoms. He also found the officers involved did not properly offer Rigo the right to contact a lawyer, therefore there was also a violation of section 10(b) of the Charter.

• RELATED: Judge says B.C. drug dealer was ready for ‘gun warfare’


@PeeJayAitch
paul.henderson@theprogress.com

Like us on Facebook and follow us on Twitter.

Just Posted

Prince George police arrest third suspect in targeted shooting

RCMP still searching for 38-year-old Eric Vern West, who is considered dangerous

City of Quesnel will try subletting apartment to health care professionals for one year

An opportunity has come up to rent an apartment to address rental housing challenge

Nisga’a leader named UNBC chancellor

Dr. Joseph Arthur Gosnell is the first Indigenous leader to assume the role

Quesnel Junior School Girl’s volleyball team competes in Kelowna

Despite a losing record the squad was never an easy out

MOTI will hold West Fraser Road open house May 1 in Quesnel

Ministry of Transportation staff will provide an update on the year-long road closure

VIDEO: ‘Alarm bells’ raised by footage allegedly from B.C. pig farm, SPCA says

PETA released video Wednesday showing dead and injured piglets next to nursing piglets

Woman dies after suffering ‘medical event’ while driving north of Lac la Hache

Initial report was that an older female had driven into the side of a hill and was non-responsive.

Haida youth travels to New York for UN forum on Indigenous issues

Haana Edensaw presented her speech in Xaad Kil, Masset dialect of the Haida language

Female real estate agents warned of suspicious man in Metro Vancouver

The man requests to see homes alone with the female agent, police say

Can you put your phone down for Mother’s Day?

#DiningMode campaign encourages people to leave the phone alone while eating

Horgan heckled as gas prices sit at record high, could go up more

Premier John Horgan blames refiners, not taxes

SPCA investigating after newborn kittens found in Vancouver dumpster

The kittens were found suffering from hypothermia and dehydration

Judge rejects hunter’s bid to get back a sheep shot in northern B.C.

Despite expert testimony, judgement says ram probably underage

Tumble Ridge grandma wins millions in Lotto 6/49 draw

“I always say that if I win, I win, and if I don’t, I don’t.”

Most Read