Published Monday, 09 July 2012
Mr Canning's legal challenge was denied. (© UTV)
Marvin Canning embarked on a legal challenge against the police act, and said he was being victimised.
In an affidavit he said: "The only reason I am being stopped is because of who I am, and because of the police perception of my political beliefs."
Police acknowledged that he had been subjected to stop and search powers around 50 times since May of last year, but claimed it was because Mr Canning is a dissident republican.
"There exists reliable and credible intelligence to support reasonable suspicion that the applicant has been involved in terrorist activity," said a chief constable in court papers.
However Mr Canning, from the Glendara area of Londonderry has no previous convictions and denies the allegations.
Mr Justice Treacy said, "In the present case the context includes the ongoing, undisputed and manifestly high level of threat to life and security by dissident republicans."
He denied that the procedure was compatible with the European Convention on Human Rights and said police use the powers on an intelligence-led basis, not randomly.
"The impugned powers are vital tools in the efforts by the PSNI to reduce the level of threat to police personnel and the public from dissident republican terrorism
"I reject the contention that the impugned powers are neither sufficiently circumscribed nor subject to adequate legal safeguards against abuse," added Mr Justice Treacy.
But Mr Canning's lawyer said they were disappointed by the ruling and will consider an appeal.
Paul Pierce, of Kevin R Winters Solicitors, said, "Our client has made a clear case that these powers to stop and search have been abused by police, and he continues to be subject to their arbitrary use."