POLICE CAN'T USE POTHOUSE DETECTOR

Search Warrant Needed To Use Infrared Equipment: Courts

Airborne cops need search warrants before they can use infrared technology
to sniff out marijuana, the Ontario Court of Appeal has ruled. The ruling
is significant for York Regional Police, who last year busted some 170 pot
houses, Chief Armand La Barge said.

"(The ruling) will definitely have an impact on how we do business," Chief
La Barge said Tuesday.

He was reacting to Monday's court decision, which overturned the conviction
of a Windsor-area man who had been sentenced to 18 months in jail after
police seized marijuana from his home.

The court ruled privacy provisions in the Charter of Rights mean police
must obtain a search warrant before using infrared lights on helicopters to
detect tell-tale heat emissions from marijuana grow houses.

Chief La Barge said forward looking infra-red (FLIR) cameras on the force's
helicopter are a valuable tool in detecting dope operations "As you flew
over a subdivision, it would light houses up. It did obviously assist us in
conducting investigations."

But the chief said helicopter surveillance is just one method employed by
York police, who last year seized an estimated $50 million worth of
marijuana from growing operations.

Alan Shefman, a Thornhill human rights consultant, applauded the court's
application of the Charter of Rights.

"I think in the court decision ... they took into consideration how rapidly
technology is growing in this area of surveillance," Mr. Shefman said.

"The immediate issue is law enforcement and the appropriate and proper use
of tools available to police to uphold the law.

"The balance is between our need to uphold the law and human rights."

Mr. Shefman recognizes the value of helicopters in policing a region the
size of York and he acknowledges the value of technology such as FLIR to
detect marijuana operations, which typically use numerous high-powered grow
lights -- often fueled by stolen electricity.

But requiring police to obtain a warrant before they use FLIR to examine
suspect pot houses is not unreasonable, he said. "It's not outrageous. It's
not outlandish and it doesn't stop the police from doing their job," he said.

What the ruling does do is prevent police from conducting random
surveillance with high-tech equipment, he said.

"That's the concern. The catchment may be too broad, too general."

Chief La Barge said detection and seizure of marijuana will continue to be
a top priority.

He added the force will be watching closely to see if federal authorities
appeal the decision.