RIGHTS VIOLATION CITED IN DISMISSAL OF POT CHARGES

Police showed a 'pattern of carelessness'

Two men arrested as they left a British Properties marijuana-growing
operation have had the case against them tossed out on the grounds
that West Vancouver police officers violated their rights.

Ngoc Hang Huynh and Van Hoang Huynh were arrested Feb. 3, 2006 after
police who were watching a suspected growing operation saw the pair
pull up to the house, go inside and drive off again.

The pair were arrested shortly afterwards, when officers pulled over
their minivan. They were taken to the police station, fingerprinted
and photographed.

That same night, police searched the house at 547 St. Andrew's Rd. and
discovered a marijuana-growing operation with 450 plants being
cultivated in three rooms of the house. Police discovered the hydro
meter had been bypassed and there were no personal effects or
furniture of any kind in the house.

The two men were later charged with both producing a controlled
substance and possession of marijuana for the purpose of
trafficking.

But a B.C. Supreme Court judge threw out the case against the pair,
saying police didn't have proper grounds to arrest the two men when
they pulled over the van.

Justice Catherine Wedge said police also violated the rights of the
accused when they didn't act quickly to get a Vietnamese translator
for them so they would know why they had been arrested and be able to
speak with a lawyer. The judge said police didn't tell either of the
men they had a right to a lawyer of their choice after they were arrested.

In refusing to admit the evidence seized by police, Wedge wrote the
police showed "indifference" and "a pattern of carelessness" regarding
the rights of the accused.

According to court documents, police had set up surveillance on the
house after receiving a report of suspicious activity by the
homeowner. Officers who stopped by the property said they smelled
marijuana from the road and thought they heard what sounded like fans
coming from inside. The two men were later observed going into the
house, turning on lights and later leaving.

Wedge, however, said that alone wasn't "reasonable and probable"
grounds to arrest the pair.