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

City to insulate service lines along South Lakeside to prevent future freezing

Curt Morben Contracting’s bid approved by city council

RANCH MUSINGS: If I didn’t have some complaints, I wouldn’t be a rancher

This column tries to shed light on some aspects of ranching, while not being too technical

Art Walk provides artists with a chance to improve their craft

With over 40 artists in 40 business across downtown Williams Lake, it’s impacts are substantial

CCCDC hosts car seat safety workshop with Pregnancy Outreach

On Tuesday, Aug. 20 a workshop on the importance of car seat safety was offered for parents

PHOTOS: Tons of fun had by all at Boys and Girls Club Street Party

It was one of the most successful events they’ve held to date

VIDEO: B.C. woman meets biological mother, 38 years later

Mother never gave up hope of finding daughter, despite all the obstacles

VIDEO: B.C. woman meets biological mother, 38 years later

Mother never gave up hope of finding daughter, despite all the obstacles

B.C. man who died after rescuing swimmer was known for helping others

Shaun Nugent described as a dad, a coach, a hero and ‘stand-up guy’ at celebration of life

B.C. RCMP plane chases fleeing helicopter as part of major cross-border drug bust

The helicopter eventually landed at a rural property near Chilliwack

Thousands cycle to conquer cancer

The 11th annual Ride to Conquer Cancer took place Saturday morning, Aug. 24 in Surrey, B.C.

PHOTOS: Brazil military begins operations to fight Amazon fires

Amazon fires have become a global issue, escalating tensions between Brazil and European countries

Racist confrontation in Richmond parking lot caught on camera

Woman can be heard yelling racial slurs, swear words at woman in apparent parking dispute

Groups ready campaign to help young voters identify ‘fake news’ in election

The media literacy campaign to focus on identifying misinformation and suspicious sources online

Big rally in northern B.C. draws attention to continuing lumber crisis

Mayor Joan Atkinson says about 400 workers have been directly affected by the closure of the Canfor mill

Most Read