Sault OPP Officer Charged with Neglect of Duty

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OPP

An OPP officer in the Sault Ste. Marie area has been charged with neglect of duty under the Police Services Act.

It is alleged that Police Constable Peter Van Den Diepstraten unlawfully entered a residence off Highway 563 in Fisher Township, north of Sault Ste. Marie.

The officer attended a residence in Batchewana Bay on November 12, 2019. The officer was there to present a subpoena to the occupant of the dwelling. However, according to court documents, the OPP officer erred in the execution.

Van Den Diepstraten when arriving at the location noticed foot prints in the snow and followed the prints around the house. He noticed a person crunched down in a room and decided to go to the front door and knocked with no answer. The Officer then noticed the second door was not locked and walked into the home.

The common law recognizes an implied license for all members of the public, including police officers, to approach the door of a residence and to knock. The complainant says that Van Den Diepstraten had walked the property before identifying himself and proceeded through the front door. The complainant said she did not answer the door due to the time of night and not sure who was at the door.

Van Den Diepstraten believed there was someone unlawfully in the dwelling. According to court documents, this is contrary to the sequence of events. A woman referred to as witness 1 contradicts the officer’s account. The officer said he had called on his portable radio for backup after walking the perimeter of the dwelling. However the witness, who’s evidence is backed up by a recording of the radio call said the opposite was true.

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Craig Huckerby
Craig Huckerby is a seasoned broadcast and media professional with over 38 years in local media. Starting in television, Craig became known as "the weather guy" on local television before pioneering internet media in the Sault. Craig is credited for bringing local television back to the Sault via the internet in 2003 with LTVNEWS.COM and was instrumental in launching SooNews.ca and Local2.ca. Craig is happy to be part of the Sault's newest media team of ONNtv and SaultOnline.com

4 COMMENTS

  1. Pretty sure the one charged should be Mr. Charney for leading the news outlet to believe that the documents that he submitted were court documents provided by the OPP.
    Are these actually even facts that are published? Or are they the so called “facts” that the complainant who felt the need to hide from an officer told his/her lawyer?

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