WARRANT IMPROPER

Warrants used by police to raid a southeast Calgary building where 127
marijuana plants were found were improperly obtained, a judge ruled yesterday.

But Justice Marsha Erb said some of the plants -- those found in a
commercial suite rented by an Edmonton firefighter -- were still admissible
in court.

Erb said accused drug dealer Monah Boury's Charter rights were violated
because two warrants to search his premises were obtained through
inadequate information.

A Feb. 21, 2001 police raid at 3628 Burnsland Rd. S.E. uncovered 100
seedlings and 27 mature plants growing in two units inside.

The raid came two months after a Crime Stoppers tip to police in which
their informant was told by a third party that marijuana was being
harvested at the premises.

Erb ruled the tip, and police surveillance, which spotted condensation on
two windows of the building, weren't enough clues to justify a search.

"The tip is nothing more than an allegation -- some might say a rumour,"
Erb said. As a result, she said, the warrant has to be quashed and the raid
was a violation of Boury's privacy rights.

But the Queen's Bench judge said only the 27 plants found in Boury's
personal residence should be excluded as being inadmissible under the Charter.

That meant 100 seedlings found in a suite being rented by Edmonton
firefighter Michael Prangley were admissible, Erb said.

Prangley, who was also initially charged before allegations against him
were dropped on Tuesday, testified he had no knowledge of the plants being
on his property.

A date to continue the trial will be set next month.