COURT RULES BUST NO GOOD

Local RCMP expect to conduct search warrants, as they always have been,
with an eye towards officer safety, despite a recent Provincial Court
ruling in Chilliwack.

Judge Brent Hoy ruled in a voir dire from Feb. 17 that evidence taken by
local police at a grow-op in January, 2003 cannot be used in court because
the officers had searched some farm buildings that were not included in the
search warrant. His decision was released in late February.

Charges against Minh Ba Hoang and Chin Thi Le were dismissed as a result of
the ruling. Two others were were taken into custody or arrested in
connection with the search.

The suspects were charged after police discovered the grow operation on
Jan. 16, 2003. At the time, the bust at the 83-acre Lindell Beach site was
described as one of the largest in the city's history.

A total of 2,118 plants were discovered at the residence and

metal barns subject to the search warrant. In all though, the RCMP's Strike
Force turned up a total of 3,310 plants. The operation was valued at $1.3
million. In the court decision, it is mentioned one of the investigating
officers described it as one of the three largest marijuana cultivations he
had ever come across.

Judge Hoy condemned these types of large scale trafficking offences in his
decision but said the issue at hand was to examine a person's
constitutional rights, specifically section eight of the Charter of Rights
and Freedoms, which states people have the right to be protected against
unreasonable search and seizure.

The police did receive a warrant to investigate the premises, but they were
limited to the residence and four large metal barns, and only these buildings.

The judge did not note there might be situations in which the police go
outside the scope of a search warrant, such as the possibility suspects
could destroy evidence or endanger the lives of a law enforcement official.

RCMP spokesperson Cpl. Sean Sullivan emphasized officer safety was a
concern during the course of the investigations, pointing out the fact the
property was covered by many trees that obscured the number of buildings on
the site visible before to the execution of the warrant.

"Those outbuildings needed to be searched," he told the Times. "We need to
make sure that properties are secure."

Sullivan said criminals with grow-ops are using more and more sophisticated
technology to help them avoid prosecution, something that makes
investigations more of a challenge.

"With today's criminal we're seeing more surveillance cameras," he said.

Still, Hoy felt the Crown had not made the case there were circumstances
for the police to go outside the warrant.

"It is fair to conclude that the police had conducted themselves
reasonably," Hoy wrote. "However, this does not mean they were therefore
acting in good faith."

The judge added any evidence police discovered from the broader sweep of
the property should have at least been subject to a further search warrant.

"While this would not cure the Charter breach, it would at least add a
positive aspect to good faith," Hoy wrote.

Even with Hoy's decision, Sullivan said the police might still face
situations where they have to go outside the confines set by a warrant.

"I don't think it changes anything," he said. "Officer safety is paramount."

Sullivan said the RCMP hopes the Crown considers appealing the ruling,
though he has not heard anything definite.

"It's something that we hope gets changed," he said.

The Times contacted Crown counsel about this case but had not heard back as
of press time.