DRUG DEALER'S PARENTS AREN'T 'CELLMATES'

Police Can't Search Family Residence Without A Warrant

The parents of a convicted drug dealer will keep control of their "castle"
after Manitoba's highest court ruled police have no right to search their
home without a warrant.

The Court of Appeal has found a lower court judge stepped out of bounds
when imposing a unique penalty earlier this year that gave police the
authority for warrantless searches.

Ryan Demchuk was given a two-year conditional sentence that allowed him to
remain free in the community. One of his court-ordered conditions was to
live in a home with his parents, Fred and Geraldine.

Another condition gave police the ability to search Demchuk's car, or the
family home, without a warrant from 9 a.m. until 9 p.m.

Demchuk's parents cried foul, saying police had no right to invade their
private property because of their son's actions.

The appeal court agreed this week, saying the parents would have a legal
right to refuse police entry into their home, even with the court order on
their son in full effect. "Even if the son pleads with his parents to allow
the police access, the parents can withhold permission. Their home is their
castle," wrote Justice Kerr Twaddle in the unanimous decision.

"That being the case, a condition of the son's sentence that requires him
to consent to police searches of his residence (it being known that he
resides with his parents) would be futile."

The Crown argued during the appeal hearing last month the condition is
justified because the conditional sentence is akin to a jail term in your
home, which makes mom and dad "cellmates" of their son.

The Crown suggested Demchuk's parents could sue police if they felt their
rights were being violated.

"All we'd be doing is creating more litigation," said appeal court Justice
Barbara Hamilton.

Defence lawyer Mike Cook said the condition would create "disharmony in the
home," which goes against the rehabilitation intended by the judge for his
client. "This is not justified in a free and democratic society," Cook argued.

All other aspects of the conditional sentence have been upheld.

Demchuk was arrested in July 2001 with several rocks of crack cocaine on
him and in his vehicle. He pleaded guilty in March, and the Crown requested
a prison term. They didn't appeal the conditional sentence.