POLICE WENT TOO FAR IN MEDICAL POT PROBE: JUDGE

B.C. police engaged in a "serious misuse of their powers" when they
extended an investigation of a suspected medical marijuana theft to
search the home for signs of criminal activity, a B.C. Supreme Court
judge has ruled.

Justice Brian Joyce said the Abbotsford police were justified in
searching the home after suspecting a violent home invasion had
occurred on Feb. 10, 2009. But they exceeded their limits, Joyce
ruled, in obtaining a search warrant after a "rough count" of the
medical marijuana plants inside indicated the grower was in violation
of his licence.

"Police were aware of the limits of their powers by entering the
residence without a warrant. They knew they could not engage in a
search for evidence to support a crime, yet that is exactly what they
did," Joyce ruled in his written judgment.

Police were called to the home after a neighbour reported seeing three
men with black hoodies in the backyard of a house across the street.
When police arrived, they found a fence kicked in and the patio door
open at the house next door.

Knowing the house owner, Pencho Batanov, was licensed to grow medical
marijuana, the police suspected a grow rip had occurred and decided to
search the home to see if anyone was injured.

They exceeded their powers, Joyce said, when several officers counted
the number of lights and marijuana plants, which numbered about 200,
in the basement. One officer also took note that the medical marijuana
licence allowed only 49 plants.

Batanov is charged with unlawful production of marijuana and
possession of marijuana for the purpose of trafficking.