JUDGE SAYS SEARCH WARRANTS WELL VETTED

THE top judge of the provincial court is defending the process used by
magistrates in approving search warrants for city police.

Provincial court Chief Judge Ray Wyant said that, on average, police apply
for about 100 search warrants a month. About 20 per cent of the
applications are turned down because police cannot legally justify the search.

"Magistrates are not put under the gun to make bad decisions," Wyant said.
"In fact, I'm aware of one occasion in which police complained to court
staff that they weren't getting the warrants they wanted."

Wyant's comments come after criticisms were raised about how warrants were
approved for recent raids at two Winnipeg homes.

In one instance, police were looking for a gun, and in another for
marijuana, but found neither.

By law, a magistrate or judge must be satisfied there are reasonable and
probable grounds to believe an offence can be uncovered by a police search.
Wyant said that means police must provide evidence that a criminal offence
has occurred and charges will be laid as a result of a search.

A warrant will not be approved based on police speculation, the chief judge
said.

"Anonymous tips are not enough for a warrant to be justified," he said.

Process unhurried

He said that when magistrates are presented with a warrant request, they
can take all the time they need to approve it, even discussing it with a
provincial court judge if they're unsure of what to do.

"They're not out there on their own," Wyant said, adding each magistrate is
trained on all legal issues regarding searches so they can make the best
decisions. But mistakes can happen, he said. Those who believe they've been
a victim of an unreasonable police search can seeks redress through the
courts or can complain to the Law Enforcement Review Agency.

That's what has happened in the two recent disputed searches in the city.

In the first one, police raided the home of Walter Cerros, a machine shop
plant manager, and his wife, Sandra Horyski-Cerros, a Neighbourhood Watch
captain, on March 23, looking for an illegal seven-millimetre handgun. They
and their nine-year-old son Nicholas were removed at gunpoint from their
Atlanic Avenue home for about three hours. Police did not find a weapon,
but an officer accidentally discharged his sidearm when he tripped in a
bathroom.

In a raid in Elmwood on March 24, Grant Andrusky, a trucker, came home to
find plainclothes officers in his rental home looking for a marijuana grow
operation. He thought they were burglars and was preparing to defend his
property when they pulled guns and said they were police. No marijuana was
found.