Pubdate: Thu, 21 Sep 2000 Source: Kamloops Daily News (CN BC) Copyright: 2000 Kamloops Daily News Contact: 393 Seymour Street, Kamloops, B.C. V2C 6P6 Fax: (250) 372-0823 Website: http://www.southam.com/kamloopsdailynews/ Author: Robert Koopmans DRUG CASE EVIDENCE TOSSED Prosecutors dropped drug charges against a Kamloops man Wednesday after a judge ruled police didn't have sufficient grounds to search his house. B.C. Supreme Court Justice Robert Hunter ruled a hydroponic grow operation found in Sean Dean Kelly Canaday's house cannot be used as evidence to convict him of charges of cultivation of marijuana and possession of marijuana for the purpose of trafficking. "You're a lucky man," Hunter told Canaday after giving his decision. "If the evidence had been admitted, you would have been convicted on both counts." Canaday was charged after RCMP searched his Knutsford home March 27, 1998, and found 20 marijuana plants, growing lights, drug trafficking paraphernalia and some packaged dope. Const. Daniel Thorne testified during Canaday's trial that police got an anonymous Crime Stoppers tip indicating Canaday had been growing marijuana in his rented Knutsford home for six months and was about to harvest his crop. Based on that tip alone, police convinced a justice of the peace to authorize a search warrant giving them access to Canaday's B.C. Hydro electricity records. The bills showed Canaday had used 2,284 kilowatts of electricity in 39 days. A previous tenant had used roughly 620 kilowatts in 60 days. As well, a B.C. Hydro worker told police a house slightly bigger than Canaday's on average used about $100 of electricity a month. Canaday's bill was $136.25. With the anonymous tip and the billing records, officers were given permission by a justice of the peace to search Canaday's house. Inside, they found the drugs. Items were seized and Canaday was ordered to appear in court. But Hunter ruled the initial tip was not reliable enough to allow a justice of the peace to issue a search warrant for the hydro records. And the tip, combined with the hydro records, were not enough to allow a warrant to search Canaday's house. He called the Crime Stoppers tip "scanty, vague and uncertain" and said police could have investigated further to better substantiate their suspicions about Canaday before seeking a warrant. Hunter said it's not an easy decision to disallow "real evidence," but added the court must consider the impact on the administration of justice of allowing improperly obtained evidence. He said the violation of Canaday's Charter rights was inadvertent on the part of police, that they acted in good faith despite violating Canaday's rights. RCMP Sgt. Randy Brown wouldn't comment on how the decision might impact similar police investigations until he has reviewed the court's decision. - --- MAP posted-by: Eric Ernst