The Province

Hearing to examine RCMP actions in seizing $400,000

- KEITH FRASER kfraser@postmedia.com twitter.com/keithrfras­er

A judge has ordered a hearing to determine whether police violated the rights of a man when they seized more than $400,000 in cash from him after he passed out in his vehicle. On Feb. 21, 2020, Derek Jarrod Chevalier of Surrey was parking his truck in the garage at his home when he lost consciousn­ess and crashed into some parked vehicles.

Chevalier, who owns a business called Coast Pet and Plant Supplies Ltd., suffers from diabetes and it was later determined he had passed out due to severe hypoglycem­ia.

When he left work earlier that day, he says he had the day's cash sales of $8,625 in his pants as well as a backpack, containing $416,200.

He says the backpack contained some additional cash sales, proceeds from the company operations from earlier in the week, as well as a large cash deposit paid by a customer toward the purchase of some greenhouse equipment.

He says he was arranging with his supplier to pay for the purchase of the greenhouse equipment, partly in cash, and was then going to deposit the rest of the cash in his business account and write a cheque for the balance of the invoice.

But when he lost consciousn­ess, he was taken to hospital and while he was in the hospital, Surrey RCMP seized the backpack containing the money. Police also seized the money in his pocket and towed his vehicle.

No charges have been laid against Chevalier but the provincial director of civil forfeiture is alleging the cash is the proceeds of crime and should be forfeited. Some of the bills seized had tested positive for the presence of cocaine and methamphet­amine.

RCMP claim they seized the money after conducting what they call an “inventory” search of the vehicle before it was towed.

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