News (Media Awareness Project) - CN BC: Grow Rip No Excuse For Pot Probe, Judge Rules |
| Title: | CN BC: Grow Rip No Excuse For Pot Probe, Judge Rules |
| Published On: | 2011-12-22 |
| Source: | Nanaimo Daily News (CN BC) |
| Fetched On: | 2011-12-23 06:08:57 |
GROW RIP NO EXCUSE FOR POT PROBE, JUDGE RULES
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 grow rip had occurred on
Feb. 10, 2009, but they exceeded their limits 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.
"It must be kept in mind that even though the police had the
authority, under exigent circumstances, to enter the accused's home
without a warrant this case is still concerned with the privacy
interests in relation to his home. Those privacy interests are
entitled to the utmost protection.
"In my view, the court must guard against the notion that once the
police are lawfully inside a person's home unlawful searches conducted
by them will be viewed as minimal intrusion into protected privacy
interests." Police were called to the home after a neighbour reported
seeing three men with black hoodies in the backyard. When police
arrived they found a fence kicked in and the patio door open at the
house next door.
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. Police used the information to obtain
a warrant and then seized a number of items relating to the grow
operation, along with a digital camera.
Batanov is charged with unlawful production of marijuana and
possession of marijuana for the purpose of trafficking.
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 grow rip had occurred on
Feb. 10, 2009, but they exceeded their limits 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.
"It must be kept in mind that even though the police had the
authority, under exigent circumstances, to enter the accused's home
without a warrant this case is still concerned with the privacy
interests in relation to his home. Those privacy interests are
entitled to the utmost protection.
"In my view, the court must guard against the notion that once the
police are lawfully inside a person's home unlawful searches conducted
by them will be viewed as minimal intrusion into protected privacy
interests." Police were called to the home after a neighbour reported
seeing three men with black hoodies in the backyard. When police
arrived they found a fence kicked in and the patio door open at the
house next door.
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. Police used the information to obtain
a warrant and then seized a number of items relating to the grow
operation, along with a digital camera.
Batanov is charged with unlawful production of marijuana and
possession of marijuana for the purpose of trafficking.
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