DRUG CASE QUASHED AS RIGHTS VIOLATED

The case against a man charged after 500 marijuana plants were found
in a B.C. home has been dismissed after a judge ruled that RCMP
violated the accused's rights.

In May 2009, Van Dang Truong was charged with production of marijuana
and possession of marijuana for the purpose of trafficking.

RCMP executed a search warrant on a two-storey house with an attached
garage in Gibsons, and found more than 500 marijuana plants along with
fans, lights and other equipment common to grow-ops.

Truong was arrested near a bathroom on the upper floor of the home.

At trial, defence lawyer Neil Cobb made a number of challenges under
the Charter of Rights and Freedoms, including that his right to be
secure from reasonable search and seizure had been breached and that
the warrant was invalid.

B.C. Supreme Court Justice Nathan Smith, found that while the warrant
was valid, the RCMP had made an improper entry into the home.

In the absence of urgent circumstances, police are required to knock
first, announce their presence and allow a reasonable time for any
occupants to respond.

Police in the Truong case knocked on the door but waited at most only
45 seconds before using a battering ram to bust into the home.

Just before using the battering ram, an officer reported that she'd
seen the blinds move in the window next to the door.

But the officer made no mention of the blinds moving in her notes of
the incident, an omission the judge found troubling.

Following his arrest, Truong was also denied his right to speak to a
lawyer of his choice.

RCMP said no one was available to comment. Cobb said he does not
expect an appeal.