Random traffic stops not allowed in parking lots: Saskatchewan court

(Shutterstock)

(Shutterstock)

Nicole Riva, QMI Agency

, Last Updated: 2:07 PM ET

The Saskatchewan Court of Appeal has ruled police can't conduct random traffic stops in private parking lots.

According to court documents, a woman was driving in the parking lot of a hotel in Humboldt, Sask., in October 2009 when two police officers stopped her car and asked for her licence and registration.

There was nothing unusual about how the woman was driving and she was far away from the parking lot's exit.

One officer asked if she had been drinking and had her take a breathalyzer test, but a suitable sample wasn't given, the documents say. The driver was then charged with failing to provide a breath sample.

A trial judge ruled the officers weren't authorized to detain the driver because she wasn't in an area defined by the Highway Traffic Act, so the evidence couldn't be accepted.


Videos

Photos