POLICE DEFEND RAID TACTICS IN DRUG BUSTS

Kingston Police say they still go through the door hard and fast in drug
raids, despite a precedent-setting court ruling that found them liable for
damages to a city apartment in 1996.

Sgt. Brian Cookman said he is still waiting to read the written decision of
Divisional Court Judge Thomas Lally, who found last month that a drug squad
used an unreasonable amount of force in a raid. He also said that police
have not altered their policy in such raids in response to the decision.

Police used a battering ram on the door of a Charles Street apartment, whose
tenants were out at the time, and tore apart the inside to search for
marijuana on June 7, 1996. Landlord Jack Wright successfully sued the police
in small-claims court for almost $5,000 to repair two broken doors and
damage to the inside of the property. The police appealed, and the original
verdict was upheld.

``As it did originally, it catches us off-guard,'' Cookman said in an
interview this week, noting police search powers are laid out in the act
governing drugs and controlled substances.

Cookman said he is unaware of any other court case that had so challenged
police forced-entry powers.

``It says we are allowed to use what force we deem necessary [to enter a
residence]. We've never had a problem in any other entries we've made.

Normally, if it's a rental property, landlords are more than happy to have
this activity [ended].''

Courts have always upheld such forced entries, he said, because of the
nature of the raids. If police announce their presence outside, people
inside can flush drugs down the toilet or throw them out the window. The
courts have also agreed that the element of surprise is vital to police
because of the potential for violence in drug raids.

Checked-by: Melodi Cornett