‘Bed pan vigil’ for B.C. man ruled unlawful

‘Bed pan vigil’ for B.C. man ruled unlawful

Rights of suspect were violated, judgment says

When two Langley RCMP officers suspected a man was a trafficker who was concealing drugs in his rectum, they ordered a “bed pan vigil,” where a suspect is placed in a “dry cell” with no running water while the police wait for nature to take its course.

As it turned out, the man was concealing a bag of drugs, and after testing the contents of the bag, he was charged with possessing heroin and cocaine for the purpose of trafficking.

But when the case came to court this summer, Surrey Provincial Court Judge Robert Hamilton ruled the initial arrest and the bed pan vigil search that followed were unlawful.

The written reasons for the April judgment, recently posted online, relate how a Langley RCMP constable became suspicious after pulling a driver over for a sobriety check near a Langley tavern in August 2015.

The constable testified that as he approached the vehicle, he noticed that the driver’s seat was reclined and observed that the man’s “hands were behind his back and down the back of his pants.”

The officer said he decided to arrest the driver for possession of marijuana because he was able to detect “a strong odour of vegetative marijuana” and called in a second officer.

They handcuffed the driver, put him in the police cruiser and searched the car, finding what they said appeared to be a marijuana grinder with flakes.

The charge was changed to possession of marijuana for the purpose of trafficking.

On the way back to the Langley RCMP detachment, the officers took the suspect to Langley Memorial Hospital, because, they said, he seemed to be ill.

One constable told the ER doctor that he believed that the driver “had secreted drugs in his body cavity and asked the doctor to retrieve those drugs.”

But with no warrant and no consent from the driver, the doctor refused.

Back at the detachment, the officer was granted an application by a judicial justice over the phone to hold the driver for three days in a dry cell.

There was another trip to the LMH ER, where once again, the driver refused to consent to any medical treatment and the ER doctor said there was no need to admit the man to hospital.

During the second hospital visit, the officers said they were trying to persuade the driver that “keeping the drugs inside of him was risking his health.”

After a couple of hours, the suspect asked a female officer to leave the room and “took down his trousers and retrieved the drugs.”

The drugs were then sent for analysis and determined to be heroin and cocaine.

Given the volume of the drugs, the man was charged with possession for the purpose of trafficking.

At a hearing on whether the seized drugs were admissible as evidence, the judge ruled that the officer “had the necessary subjective grounds” to make the initial arrest for possession of marijuana, but not enough to justify charging the driver with the more serious offence of trafficking.

The judge noted the flakes found during the cars search weren’t sent for testing to determine if they were marijuana, so there was no evidence “that the device identified as a marijuana grinder contained marijuana.”

As for the bed pan vigil, the judge said just seeing the driver put his hands behind his back did not “raise a credibly based probability” that the man had secreted drugs inside a body cavity.

READ MORE: Drug overdoses almost a daily occurrence in Langley City

READ MORE: B.C. says 50-50 pot tax split with feds not good enough



dan.ferguson@langleytimes.com

Like us on Facebook and follow us on Twitter

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

(Cara Webb photo)
Cara Webb’s dog, Millie, who bolted during New Year’s Eve fireworks and was missing for almost a week. She was eventually found by Webb’s neighbour.
Good News, Kitimat!

Bringing some local good news to your week

Kitimat’s Gordon Wilson, who recently won $150,000 on a scratch & win ticket he bought at City Centre Mall. (BCLC photo)
Kitimat man wins $150,000 on scratch & win ticket

Gordon Wilson bought the ticket at City Centre Mall

People skate on a lake in a city park in Montreal, Sunday, January 10, 2021. THE CANADIAN PRESS/Graham Hughes
The end of hugs: How COVID-19 has changed daily life a year after Canada’s 1st case

Today marks the one year anniversary of COVID-19 landing in Canada

Wet’suwet’en supporters and Coastal GasLink opponents continue to protest outside the B.C. Legislature in Victoria, B.C., on Thursday, February 27, 2020. THE CANADIAN PRESS/Chad Hipolito
‘We’re still in it’: Wet’suwet’en push forward on rights recognition

The 670-km Coastal GasLink pipeline was approved by B.C. and 20 elected First Nations councils on its path

Crews with Discovery Channel film as an Aggressive Towing driver moves a Grumman S2F Tracker aircraft around a 90-degree turn from its compound and onto the road on Saturday, Jan. 23, 2021. It was the “most difficult” part of the move for the airplane, one organizer said. (Jenna Hauck/ Chilliwack Progress)
VIDEO: Vintage military plane gets towed from Chilliwack to Greater Victoria

Grumman CP-121 Tracker’s eventual home the British Columbia Aviation Museum on Vancouver Island

Rolling seven-day average of cases by B.C. health authority to Jan. 21. Fraser Health in purple, Vancouver Coastal red, Interior Health orange, Northern Health green and Vancouver Island blue. (B.C. Centre for Disease Control)
2nd COVID vaccine doses on hold as B.C. delivery delayed again

New COVID-19 cases slowing in Fraser Health region

Provincial health officer Dr. Bonnie Henry talk about the next steps in B.C.’s COVID-19 Immunization Plan during a press conference at Legislature in Victoria, B.C., on Friday, January 22, 2021. Two more cases of the COVID-19 strain first identified in South Africa have been diagnosed in British Columbia, bringing the total to three as of Jan. 16.THE CANADIAN PRESS/Chad Hipolito
B.C. now has three cases of South African COVID-19 variant, six of U.K. strain

Both variants are thought to spread faster than earlier strains

Rodney and Ekaterina Baker in an undated photo from social media. The couple has been ticketed and charged under the Yukon’s <em>Civil Emergency Measures Act</em> for breaking isolation requirements in order to sneak into a vaccine clinic and receive Moderna vaccine doses in Beaver Creek. (Facebook/Submitted)
Great Canadian Gaming CEO resigns after being accused of sneaking into Yukon for vaccine

Rod Baker and Ekaterina Baker were charged with two CEMA violations each

Police discovered a makeshift nightclub in a Vancouver apartment on Jan. 23, 2021, and say it wasn’t the first time this month officers have been called to the unit over social gathering concerns. (Phil McLachlan - Capital News)
Doorman of makeshift ‘booze-can’ in Vancouver apartment fined; police look to court order

This marks the fourth complaint about social gatherings inside the apartment in January

A Kelowna couple welcomed their Nooner baby in December. (Flytographer)
Kelowna couple welcomes baby girl from Hotel Zed Nooner campaign

Nicole and Alex will now have 18 years of free stays at the hotel

Kyrell Sopotyk was drafted by the Kamloops Blazers in 2016 and played two seasons with the Western Hockey League club. (Photograph By ALLEN DOUGLAS/KTW)
Kamloops Blazer paralyzed in snowboarding accident sparks fundraiser for family

As of Jan. 24, more than $68,000 had been raised to help Kamloops Blazers’ forward Kyrell Sopotyk

(Pixhere photo)
B.C. dentists argue for COVID-19 vaccine priority after ‘disappointing’ exclusion from plan

Vaccines are essential for dentists as patients cannot wear masks during treatment, argues BCDA

The fine for changing lanes or merging over a solid line costs drivers $109 and two penalty points in B.C. (Screenshot via Google Street View)
B.C. drivers caught crossing, merging over solid white lines face hefty fine

Ticket for $109, two penalty points issued under Motor Vehicle Act for crossing solid lines

Most Read