News (Media Awareness Project) - CN BC: School Of Hard Knocks For Cops |
Title: | CN BC: School Of Hard Knocks For Cops |
Published On: | 2004-11-09 |
Source: | Chilliwack Times (CN BC) |
Fetched On: | 2008-01-17 19:29:19 |
SCHOOL OF HARD KNOCKS FOR COPS
It's always nice to knock. A simple lesson, but one local police
learned the hard way after a judge dismissed drug charges against two
Chilliwack men because RCMP used a battering ram to break down their
door without knocking first.
This week, the written decision to drop marijuana trafficking charges
against Tuan Manh Ngo and Tung Han Ngo was released following a Sept.
15 decision by Supreme Court Madam Justice S.S. Stromberg-Stein.
The occured March 2, 2001 when police arrived at the Ngos house at
8540 Southlands Crescent. The accused both testified they were in
their kitchen when they heard two loud bangs or slamming noises. They
heard no knock or doorbell, though they did hear people yelling
"Police!" as they ran in with guns drawn. The suspects were forced to
lie on the floor where they were handcuffed and arrested.
Police testimony of the incident differed slightly. Two officers said
no one knocked, but another-the one using the battering ram-said
another officer knocked three times. Stromberg-Stein sided with the
majority and decided that the RCMP's entrance was a serious violation
of the Canadian Charter because they entered forcefully and without
warning
"The manner of entry was not based on safety issue concerns, rather it
was the chosen surprise method of entry," she said.
It's always nice to knock. A simple lesson, but one local police
learned the hard way after a judge dismissed drug charges against two
Chilliwack men because RCMP used a battering ram to break down their
door without knocking first.
This week, the written decision to drop marijuana trafficking charges
against Tuan Manh Ngo and Tung Han Ngo was released following a Sept.
15 decision by Supreme Court Madam Justice S.S. Stromberg-Stein.
The occured March 2, 2001 when police arrived at the Ngos house at
8540 Southlands Crescent. The accused both testified they were in
their kitchen when they heard two loud bangs or slamming noises. They
heard no knock or doorbell, though they did hear people yelling
"Police!" as they ran in with guns drawn. The suspects were forced to
lie on the floor where they were handcuffed and arrested.
Police testimony of the incident differed slightly. Two officers said
no one knocked, but another-the one using the battering ram-said
another officer knocked three times. Stromberg-Stein sided with the
majority and decided that the RCMP's entrance was a serious violation
of the Canadian Charter because they entered forcefully and without
warning
"The manner of entry was not based on safety issue concerns, rather it
was the chosen surprise method of entry," she said.
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