POT CHARGES STAYED OVER FAULTY SEARCH

RCMP looking for huge growing operation did not get warrant before checking
property

CHARGES in one of the largest marijuana grow operations ever discovered in
Manitoba have been stayed amid concerns the RCMP improperly searched the
suspect's farm.

In August 1998, Reid Garry Schindle, 51, a former Mr. Canada bodybuilder,
was charged with production of marijuana and possession of marijuana for the
purpose of trafficking.

Steinbach RCMP officers found more than 5,000 pot plants and hydroponic
equipment inside a farm building on Schindle's property west of Blumenort.

At the time of Schindle's arrest, RCMP crowed that the bust -- estimated to
be worth millions of dollars -- was one of the largest grow operations ever
uncovered in Manitoba.

But it doesn't appear now there will ever be a trial.

Just before the trial was to begin last month, federal Crown attorney Erin
Magas announced all charges against Schindle were stayed. Charges against a
co-accused, David Ramsay, were stayed last year.

Magas refused to elaborate on why the charges were stayed. "Unfortunately,
the position here is that we cannot and do not ever comment on stays of
proceedings in court," she said.

Schindle's lawyer, Sheldon Pinx, also declined to discuss the case.

Acting on tip

However, the Free Press has learned the RCMP officers involved in the case
on more than one occasion searched Schindle's property without first
obtaining a search warrant.

Officers responded to a tip about an outdoor grow operation near Schindle's
farm. Acting on the tip, two officers went to the area and began to walk
around Schindle's property looking for marijuana plants or evidence of a
grow operation.

After coming up empty, they went to Schindle's home to see if they could
spot something that would suggest there was a grow operation nearby -- again
without a warrant. Upon entering the house, they spotted a man with a
marijuana cigarette in his hand.

The officers asked Schindle to allow a search of his home, but did not tell
him he could refuse or consult a lawyer. During this search the officers
found a small amount of pot, literature on hydroponic gardening and a small
wad of cash.

Private property

The officers arrested Schindle and got a search warrant for the rest of the
property, where they eventually found thousands of pot plants and growing
equipment.

University of Manitoba law professor David Deutscher said Schindle's case is
an example of a situation where police overestimated their power to enter
private property and neglected to advise the suspect of his rights.

"Police, from time to time, think they have more power than they actually
have," said Deutscher, "but they have no business going on private property
without a warrant."

In fact, the first time the officers set foot on Schindle's property without
a warrant, the damage was done, he said.

"They were never on the property lawfully, they were there on a nebulous tip
and they were looking for marijuana plants -- you can't do that without a
warrant," he said.

Deutscher said usually, warrantless searches are valid only if there is an
imminent danger of the loss, removal, destruction or disappearance of the
evidence if the search or seizure is delayed.

But the evidence in this case consisted of a massive crop of marijuana
plants and paraphernalia that would have been difficult to destroy or remove
quickly.

The hydroponic equipment was ordered forfeited to the Crown when the charges
were stayed last month.

The marijuana plants were seized and destroyed.