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News (Media Awareness Project) - CN BC: Judge Rules Cops Violated Rights Of Pot Grower
Title:CN BC: Judge Rules Cops Violated Rights Of Pot Grower
Published On:2008-02-07
Source:Victoria Times-Colonist (CN BC)
Fetched On:2008-02-10 22:24:24
JUDGE RULES COPS VIOLATED RIGHTS OF POT GROWER

SURREY -- A B.C. Supreme Court judge tossed out all charges against a
Surrey man yesterday even though police found more than 700 pot plants
in his basement.

Justice Catherine Bruce ruled Van Dung Cao's charter rights were
violated when police battered their way into his home in March 2004.

Bruce said that even though marijuana production is a huge local
problem, Surrey RCMP should have given Cao more warning before
breaking into the house with guns drawn.

Cao argued he was on his way to the front door after hearing police
call out. But before he could get there, he said, the police bashed
through a garage door and made the arrest.

Two of the officers involved in executing the search warrant testified
at Cao's trial in December that they waited at least two minutes after
announcing their presence before making their way to the other door
and entering.

Surrey RCMP spokesman Cpl. Roger Morrow said he hopes the ruling will
be appealed. Morrow said police are facing increasing threats of
violence from those involved in drug trafficking. "We know that the
people involved in the drug trade arm themselves. We know they arm
themselves not only with handguns, but with submachine-guns," Morrow
said.
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