MARIJUANA TRAFFICKING CHARGES DISMISSED AGAINST TWO MEN

Marijuana trafficking charges against two men have been dismissed after a
judge found that instead of knocking on their door, police barged into
their Chilliwack home using a battering ram.

Tuan Manh Ngo and Tung Han Ngo were charged after a grow-op was found
inside their residence at 8540 Southlands Crescent during a police search
March 2, 2001.

The two men testified they were in the kitchen when they heard two loud
bangs or slamming noises.

They said they didn't hear anyone knock and didn't hear a doorbell before
they heard someone yell "police!" and saw people running in with guns pointed.

The men said they were forced to lie on the floor, where they were
handcuffed and arrested. An elderly man in the residence -- who was not one
of the accused -- suffered a seizure and had to be taken away by ambulance,
said David St. Pierre, one of the accused's lawyers.

The two men challenged the search on the grounds that their Charter rights
were violated. B.C. Supreme Court Madam Justice Sunni Stromberg-Stein
concluded police had breached the "knock and announce" rule.

"When the police executed the search warrant in this case, they did not
knock and announce their presence," said Stromberg-Stein in reasons for
judgment. "Rather, they broke down the door with a battering ram and
entered with guns drawn."

The judge added that though it's not clear whether there was a policy
regarding search warrants, the method used in the Chilliwack search was the
manner in which police conducted searches at the time.