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

Ballenas grad to perform opera and art songs in Parksville to fund Prague trip

UBC music student Juliana Cook was asked to study and sing in the Czech Republic

Ravensong Waterdancers to get you in sync

Teams will perform 12 routines at watershow on April 28

Soccer Whalers trip 49ers 1-0 in high school clash

Ballenas now prepares for North Island championships

Third delivery of building units for 222 Corfield in Parksville arrives April 26

Vehicles should expect intermittent, single-lane alternating traffic

Dashcam captures close call between minivan, taxi at busy Vancouver intersection

To make the footage more nerve-wracking, a pedestrian can be seen standing at the corner

Waste not: Kootenay brewery leftovers feed the local food chain

Spent grains from the Trail Beer Refinery are donated to local farmers and growers, none go to waste

Deck collapses in Langley during celebration, 35 people injured

Emergency responders rushed to the Langley home

B.C. mom wages battle to get back four kids taken from her in Egypt

Sara Lessing of Mission has help from Abbotsford law firm

VIDEO: Fire guts Peachland home

Crews are still on scene pumping water onto the blaze in the Okanagan neighbourhood

$6K raised in one day’s time for family of woman gunned down in Penticton

GoFundMe launched for family of Darlene Knippelberg, to pay for funeral costs and other expenses

B.C. mountain biker sent home from hospital twice, despite broken vertebrae

Released in Maple Ridge to go home with three fractured vertebrae

Seven tips to travel safely this Easter long weekend

An average of three people are killed, and hundreds more injured, each Easter long weekend in B.C.

Seattle’s 4-20 ‘protestival’ enjoys tolerance, some support – and B.C. could do the same

Seattle’s Hempfest a large-scale occasions with vendors, prominent musical acts and thousands of attendees

Most Read