An external review into the actions of a Saanich Police officer has found he abused his authority.
Andrew McLean was stopped by Cst. Francisco Aviles last year as part of an investigation into a nearby arson.
The officer told McLean he wanted to see the cyclist's identification. When McLean refused, arguing he wasn't legally required to provide his ID, Cst. Aviles threatened McLean with arrest for obstruction. When McLean still wouldn't comply, the officer used force to take the cyclist into custody.
McLean and his backpack were then searched, and the cyclist was released a short time later without charges.
An Office of the Police Complaint Commissioner ordered review done by retired judge Wally Oppal has now found the search was undertaken recklessly and without sufficient cause, and any use of force in the arrest that followed was unnecessary.
A disciplinary hearing will now be held. Oppal says in his findings the apparent misconduct was minor, and, as such, disciplinary measures to be considered include "advice as to conduct", a reprimand, or requiring specified training.
UPDATED: McLean says he's happy the adjudicator ruled in his favour, but he'll reserve judgement until disciplinary action has been handed down.
"What I think needs to happen is there needs to be some real consequence for the behaviour. You know what? Maybe he should pay the cost of the investigation. Now, I'm not out to get anybody fired or anything, but there needs to be accountability."
McLean says he doesn't think the officer's actions would have ever been investigated or made public had he not recorded their interaction on his cell phone.