JUDGE THROWS OUT HELICOPTER DRUG EVIDENCE

'Invasion Of Privacy'

VANCOUVER - The Supreme Court of British Columbia has thrown out evidence
gathered by the RCMP in a drug investigation because it was seized after
police used a helicopter equipped with infrared radar without a warrant.

Justice Wally Oppal said using a helicopter without a search warrant
amounted to an unauthorized invasion of privacy, noting the flyovers were
so low police reported seeing someone urinating.

Police in 100 Mile House, central B.C., had flown over the house of Teuvo
Antero Kuitenen after an informant alleged he was building a bunker on his
property to cultivate an illegal marijuana crop.

Credit card evidence showed Mr. Kuitenen was using an unusual amount of
fuel that investigators suspected was being used to provide heat for
marijuana plants.

In a series of flyovers, RCMP photographed the site and used infrared
radar, which records heat. Investigators were convinced marijuana was being
grown.

In a later raid authorized by a general warrant, police found what they
described as a large-scale marijuana growing operation. However, Judge
Oppal said the discovery did not justify the prior use of a helicopter
without a specific search warrant.

"There is no doubt that police have the right to secure evidence through
the use of technology such as airplanes and helicopters. Furthermore, the
police are entitled in appropriate cases to use electronic surveillance.
However, in this case the police chose not to get a warrant before
embarking upon the flyovers," stated Judge Oppal.

"The accused's right to privacy was clearly violated by the inordinately
low altitude of the flights. The police admitted that the altitude of the
flyovers was so low that they could see one of the parties urinating. This
was a private residence. The flyovers together with the use of the
intrusive technology constituted an unlawful search and seizure."