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P.G. Man to Get Compensation For Damage to Stereo By Alberta Mountie

By 250 News

Monday, November 19, 2007 04:05 AM

photo of damage to  sub woofers                

A  young  man from Prince George will be  receiving some compensation from the RCMP but  it took  some real effort to make it happen.

20 year old Colin Macaulay was looking for some answers as to why a Stony Plain  RCMP officer punched holes in his stereo system.  The officer  told the young man  it was a drug search, but failed to  tell the 20 year old  he had  destroyed the young man’s $36 hundred  dollar stereo system.

The incident happened earlier this month when Macaulay was heading back to  his welding job in Calgary.  He had planned  on  taking the Jasper-Banff highway, but  decided against that  because of the poor road conditions.  Instead, he  decided to head t to Edmonton on Highway 16  then south to Calgary on  highway 2.

Here’s how the events unfolded according to  a statement  Macauley  provided to Opinion250:

" On November 6, 2007 while driving from Prince George BC to Calgary AB where I currently work, a RCMP officer pulled up beside me in the fast lane just before the turnoff to Stony Plain.

The officer looked at me through my driver side window and then dropped back behind my vehicle to pull me over. When I pulled over, the officer drove in front of my vehicle and parked. He then proceeded to my passenger door. The first thing the officer asked me was for license and registration. After I gave them to him he asked “why do you have so many air fresheners in your rearview mirror?”  I replied, “Because I enjoy the smell of coconuts”.  I have 4 air fresheners in my mirror. The officer replied “I suspect you of trafficking narcotics please exit your vehicle with your hands in front of you and place your hands on the top of your hood”.

I did exactly what I was told to.

The officer then searched me and asked, “Do you have any pointy objects or anything that would harm me or yourself. I replied yes, “I have a leatherman on the right side of my belt”. The officer removed it, my cigarettes, and, my lighter. I was then asked to get in the back of his police car.

From the back seat of his police car, I could see the officer looking through my dirty laundry. He then took my keys out of the ignition, which was turned off, and used them to open my trunk. After about 15 min which felt like eternity the officer came to the back of the police car and opened his trunk. He then proceeded to the trunk of my car carrying a black Rubbermaid type of suitcase that I felt him take out of his trunk.

I watched him go to the back of my car again. This took about 10 min before he returned to the trunk of his police car with the Rubbermaid suitcase.

He then sat down in the driver’s seat and said through the sliding window “I searched the vehicle for narcotics and found nothing. I pulled you over for driving 133 in a 110km zone”.  I asked, “Can I have a copy of the search warrant?” He said, “There is no need because I did not find anything inside of your car”. The officer then gave me the speeding ticket, cigarettes, lighter, and my leatherman through the sliding window of his police car. Then I was released.

I got back into my car and started it up. I had to sit in the driver’s seat until my hands stopped shaking. After my nerves were under control I wondered what the officer was doing in the trunk of my car for so long so I opened it up and found that my subwoofers were both destroyed and so was my amplifier. These were given to me for my birthday from my brother. "

Opinion 250 contacted the RCMP in Stony Plain to ask why Sergeant Brian Topham (who had pulled Macaulay over) had not told Macauley that he had destroyed his sound system. Staff Sergeant George Harper, (Topham’s superior ) said that he didn’t believe what was being said by Macaulay and refused to discuss the matter.

We then contacted  Inspector Blake who said that on occasion, police officers had done damage to people’s personal property and there is a fund set up to pay for that damage. He said he would look into the matter.

The stereo system was purchased from a local Prince George stereo shop at a cost of $3,609.07 cents. As Macaulay has pointed out, it was purchased by his brother as a 20th birthday present.

Macaulay says he has never been arrested in connection with possession of any drugs and as a matter of fact had passed a drug test in Calgary in order to secure his employment.

It is interesting to note that following the search, Sergeant Topham hands Macaulay a speeding ticket. On examining the ticket (see photo at right) it is evident that the alleged speed has been changed by the RCMP officer before being presented to Macaulay.

On Thursday November 15th, Opinion250 received a call from an Alberta RCMP officer informing us that he had been in contact with Colin Macaulay to inform him the damage done to his stereo  system will be paid for by the RCMP.  Macauley is to get an estimate and submit it to the Police .


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Comments

Now there is a fellow who must have read about the taser incident and knew exactly what to do to not piss the RCMP off ....

Isn't that nice to know that we are slowly learning to live in a police state ...

The obvious question to ask once you have indicated that you are complying with requests is "why did you stop me?" But he probably knew already that he was speeding.

I suppose at my age they would probably be looking for under the counter lipidor ...

;-)
I once about 6 years ago had an officer pull me over coming back from Calgary in a lifted up Chevy 4x4 traveling alone late at night.

The officer was based in Valemount and pulled me over at the BC Alberta boarder. The lone RCMP officer claimed he was one of 250 officers in Canada trained in narcotics detection and that he suspected me of transporting drugs between Alberta and BC. I protested that he was violating my rights and refused to allow him access to my truck. His response was to arrest me and cuff me and then put me in the back of his car while he stripped my truck down 'looking for drugs'.

In the end after nearly a half hour of searching he produced one old joint roach that he found behind my seat (I don’t even know if it was a roach or some other kind of dirt) and he threatened to charge me with it. I again protested as I had just bought the truck and hadn't yet had the time to search it for any stray roaches left behind by the previous owner. The officer then claimed I was likely impaired because my hostile demeanour as well as my eyes were to shifty and he is trained to detect that as part of his drug training. I again protested and demanded a breathalyser or some other test to prove my innocence. The officer claimed to provide a breathalyser he would have to take me to Valemount and I would have to pay to have my truck towed to PG.

We argued about it and finally he produced a 24-hour suspension based on his training alone and no actual test other then his observation of my eyes. I was told to sleep in my truck (with no food or water) for 24-hours on the side of the highway in teh middle of know where.

When I got back to PG I went straight to the RCMP detachment and filed a complaint, but they said tough luck there is nothing we can do. I wanted the 24-hour removed from my license, because I was in no way under the influence at the time. Apparently once one is issued their is no appeal even if you do not sign for it, and the only way you get an appeal is, if in this case the officer transported me to Vailmount and formally charged me, then with formal charges I could have appealed and had a judge decide on the matter.

The end result was I could not work in my profession because a black mark on my record that should never have been there in the first place if not for an out of control power tripping cop in the middle of the night. I estimate it cost me at least $100,000 in lost wages and I had no recourse under current laws.
Chadermando

Your problem is MUCH worse than you think. Since February 2004, BC cops have been adding 100% of detention arrest data onto the Corrections Dept database (CORNET). Then Solicitor General, Rich Coleman (ex-RCMP) was embarassed at this fellow cop's disgusting service to the Picton mass murder case, so he decided that anyone arrested would be on file.

Once you are on CORNET, you will NEVER work for either a government or government regulated enterprise. It does NOT matter if the arrest or detention was false, or that you were never charged. To be arrested by one of Coleman's animals is to be guilty; and your file is accessible by means of the Correctional Service of Canada website and Interpol. You will be refused work, and prospective employers will be prohibited from giving reasons for same.

In you have cause to call police, before they reply they will access CORNET (Versadex and other databases use it), and on learning of your file, they will determine service based on same. In effect, you can be assaulted with absolute impunity, because you are now deemed to be in the below the law class.

The above applies even if you have no convictions or charges on your record. CORNET files say, "This is Not a Criminal Record," however it is treated as such. You will be classed with rapists, murderers, pedophiles, bank robbers, and other violent criminals. Should you ever have cause to file a lawsuit, the Court Sheriff will red flag your name, and brief any presiding judge on your CORNET file, and you will know nothing of same. Your suit will probably be prejudged, based on the original cop's defamation. Should you challenge said defamatory libel, the judge will treat the corrupt cop's deceit as gospel.

Thousands of BC residents haven't a clue about CORNET, and how it destroys lives. How do cop's use it? Vancouver Police take a disgusting 12 minutes to respond to the average Major Crime incident. However, add another 5 to that to account for the "address," "suspect" and "complainant," searches they do on CORNET. Again, whatever fiction some sadistic cop choses to concoct is deemed truthful.

However, if you ask the Solicitor General for your CORNET file; he will send it to you. But how about the 20 working Lower Mainland cops who are working in spite of criminal records? Cops are in the above the law class. Their CORNET files are badges of honour.
In the Colin McCaulay article it is easy to see that the cop jammed something thru the speakers looking for dope or whatever.
When we allow cops to do this to personnal property without following some form of democratic procedure,them we truly do live in a police state.
I also notice that the cops accuse him of lying.
If they make that accusation,they should have to prove it.
It's Mr.McCaulay's word against the cops, but it is assumed that the cops always tell the truth.
The courts should have figured out by now that that is simply NOT true!
I've never heard of CORNET before. That sounds kind of scary if it is used for background checks by potential employers. My record must be good because I've passed those background checks, but it would still be interesting to know what they would have on those kinds of files.

In my case my concern was my drivers abstract, which employers require every six months, and where the record stays for five years. With no appeal to an independent third party it becomes your word against the word of a 20 year old kid cop that thinks his ego is more important then the law. The record then stays and discriminates against you for five years with no recourse. I guess if a guy was to assault the officer then you could get your day in court? Not much of an option.
How to travel by motor vehicle in unsafe countries:

Never drive alone, take a buddy along if possible! Anything can happen on a lonely stretch of road...stick to the speed limit and follow all the rules in order not to attract the attention of anyone in uniform.

If pulled over always keep your hands on top of your head and pray silently.

Cheers!
"In the Colin McCaulay article it is easy to see that the cop jammed something thru the speakers looking for dope or whatever.
When we allow cops to do this to personnal property without following some form of democratic procedure,them we truly do live in a police state."

The cop must have felt some resistance when he went through the metal on the assumption he went through it from the trunk side. He must have known he damaged the goods. If he did, and he know that there is compensation for such damge, then he was not an honest cop.
The only proper procedure is to disassemble the units in the reverse order of assembly in the factory, using correct tools in order not to do any damage.

Poking holes in the speakers is a sign of vindictiveness and out-of-control unlawful behaviour.



I wonder how much of this kind of thing goes on that we don't hear of?
Cops are never unlawful, and they never speed without their emergency lights on, and they certainly NEVER take protection money from drug dealers...

... hahahahahahaha I slay me.....
Probably quite a lot. Much of it is profiling as well as is obvious from this case.

Too many air freshners, eh ... yeah right.

I crossed the border to the USA from Vancouver recently and was asked why I was driving a rental car.

I wanted to tell the little twerp from some foreign country who could hardly speak english (US Customs/Immigration) *** sorry folks, I can get this way sometimes as well **** :-)
that there was no additional cargo space on the plane I took from PG to YVR for my car. I should have asked him for his citizenship papers to make sure the border had not been taken over by foreign terrorists. ;-)

But, these days one knows that will simply mean a couple of hours delay, fingerprinting against one's will, and God knows what else.

So, what does one do about it? Just slowly allow it to continue to deteriorate into a police state? Are we sure we won the Cold War???? I am beginning to feel we didn't.

I wonder what Kent State would look like today if they had protests? Or how the Chicago 7 would be handled?
I have noticed for years that it is very simple to make a drastic change in far too many ordinary human beings' behaviour, demeanor and attitude towards other normal inhabitants of this planet: Just put a uniform on them and give them a title to go with it!

Bingo! Some will go off the deep end! It's amazing! Power trip probably, or the need to rule and exert force once having been given a higher position in the pecking order of the human barnyard!



He was lucky the officer didn't taser his stereo. 50,000 volts would put a woofer and a few speakers into a never to return coma.
The officer obviously overstepped himself which is why Mr. MacAuley is getting his money.

Could be that the highway he was on was a well known and utilized drug funnel and it is a well known ploy by traffickers to try to cover up the smell of bud in the trunk by masking it with other aromas. This is not to say that MacAuley intent was to do so. People you woudn't expect to be trafficking are transporting large amounts of drugs across our highways.

I would encourage anyone to look up the powers of search under the CDSA should a peace officer have RPG to conduct a search. Drugs are a very bad thing today and police are only catching some of it. Someone you know or love may someday need help because of a drug addiction.

I would go into it, but I know owl will probably do it and put his interpretation on it.......heh heh.
"should a peace officer have RPG to conduct a search"

The key words. The legal definition of RPG includes a verse about "beyond mere suspicion".

I would encourage anybody to pick up a law book, especially if you are being paid to be in the legal profession.
It is discouraging to be treated this way for sure. Put a uniform on some people and they abuse their authority and position. Some are bullies. Some are arrogant. Some enjoy intimidating others. (border officials) And others are just assh-l-s. One thing missing in most professions is character. They should hire for character first. No character, no job. Chester
Chadermando's situation is very disheartenning and should be looked into. Probably too late now. Should of made a complaint to the Valemount police instead of the Prince George detachment. Hopefully you got your former carreer back after the five years has gone by.
An altered legal document is a void legal document. However, I see that the RCMP choses to throw money at systemic problems. That won't work anymore.
Wrong again Truthy, better check your linkety-links.