‘Bedpan vigil’ search violated man’s rights; drug conviction quashed
TORONTO — A man who hid drugs in his rectum had his trafficking conviction overturned Wednesday because police detained him for 43 hours waiting for him to defecate before taking him to a justice of the peace.
In throwing out the conviction, Ontario’s highest court also criticized officers for how they treated Jeffrey Poirier during their “bedpan vigil search.”
“I do not accept that the officers were acting in good faith,” the Appeal Court ruled. “The manner in which the search was carried out was a flagrant breach of the appellant’s rights.”
Court records show informants told police that Poirier, of Sarnia, Ont., was an addict and dealer who hid drugs in his body cavity. Police obtained a general search warrant allowing them to detain him until he had a bowel movement.