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News (Media Awareness Project) - CN BC: Investigation Methods Behind Pot Bust Challenged
Title:CN BC: Investigation Methods Behind Pot Bust Challenged
Published On:2003-06-18
Source:Kelowna Capital News (CN BC)
Fetched On:2008-01-20 04:06:40
INVESTIGATION METHODS BEHIND POT BUST CHALLENGED

Lake Country Man Claims Search And Seizure 'Unreasonable.'

A Lake Country man who was arrested in that city's 2001 blitz on marijuana
growers is challenging police methods of finding pot growers.

Lawrence Federink faces charges in B.C. Supreme Court of growing and
possessing marijuana for the purpose of trafficking and stealing
electricity from B.C. Hydro.

But between the time that Federink was charged and the beginning of his
trial Tuesday, the courts have ruled that a police method of searching for
residential homes growing marijuana amounted to unreasonable search and
seizure.

Crown prosecutor Clarke Burnett told Justice Robert Metzger that he would
show how police use infrared technology to find hot spots in homes which
may indicate marijuana growing operations.

He didn't specifically say it was used in the investigation on Federink but
he promised a full demonstration of how it works.

While Federink's lawyer, Kelly Christiansen, is expected to attack the
cameras, Burnett said he will argue that the police were acting in good
faith under the law as it stood.

Burnett said he was also prepared to defend the police use of a judicial
justice of the peace to obtain a search warrant even though the courts have
since determined that justices of the peace do not have that authority.

Federink's trial is scheduled to last four days.
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