WARRANT WOES END DRUG CASE

A B.C. Supreme Court judge dismissed drug charges against a Barnhartvale
man Thursday, saying police should not have entered his house without a
warrant.

Kevin Kirkham was charged with possession of marijuana for the purpose of
trafficking and production of marijuana after RCMP executed a search
warrant at his Foxwood Lane home Feb. 25, 2003.

The drugs were discovered after two general duty RCMP officers were
dispatched to a report of a break-and-enter in progress. The call, received
on the RCMP's main line from a man who called himself John Smith, reported
kids trying to break into a house.

Const. Darren Michels was first to arrive in the neighbourhood, but failed
to find any signs of a crime. He asked for the name of the complainant and
a phone number, to clarify details.

He called the phone number provided to him by the dispatcher. Kirkham
answered but denied making the complaint.

Michels reconfirmed the number from dispatch and phoned back Kirkham.
Again, Kirkham denied making the phone call. Michels told him it was a
crime to make a false complaint, prompting Kirkham to admit he did make the
call to police.

Michels told Kirkham he would come to his house. Kirkham told him there was
no need and nothing was wrong there.

Michels and a second officer went to Kirkham's house.

They described the man as nervous and agitated, acting like someone with
something to hide.

Michels testified during the trial he thought someone might be in Kirkham's
house and was worried for the man's safety. He said he asked Kirkham if
they could take a look around to make sure.