Pubdate: Thu, 28 Jun 2001
Source: National Post (Canada)
Copyright: 2001 Southam Inc.
Contact:  http://www.nationalpost.com/
Details: http://www.mapinc.org/media/286
Author: Mark Hume
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)

JUDGE THROWS OUT HELICOPTER DRUG EVIDENCE

'Invasion Of Privacy'

VANCOUVER - The Supreme Court of British Columbia has thrown out evidence 
gathered by the RCMP in a drug investigation because it was seized after 
police used a helicopter equipped with infrared radar without a warrant.

Justice Wally Oppal said using a helicopter without a search warrant 
amounted to an unauthorized invasion of privacy, noting the flyovers were 
so low police reported seeing someone urinating.

Police in 100 Mile House, central B.C., had flown over the house of Teuvo 
Antero Kuitenen after an informant alleged he was building a bunker on his 
property to cultivate an illegal marijuana crop.

Credit card evidence showed Mr. Kuitenen was using an unusual amount of 
fuel that investigators suspected was being used to provide heat for 
marijuana plants.

In a series of flyovers, RCMP photographed the site and used infrared 
radar, which records heat. Investigators were convinced marijuana was being 
grown.

In a later raid authorized by a general warrant, police found what they 
described as a large-scale marijuana growing operation. However, Judge 
Oppal said the discovery did not justify the prior use of a helicopter 
without a specific search warrant.

"There is no doubt that police have the right to secure evidence through 
the use of technology such as airplanes and helicopters. Furthermore, the 
police are entitled in appropriate cases to use electronic surveillance. 
However, in this case the police chose not to get a warrant before 
embarking upon the flyovers," stated Judge Oppal.

"The accused's right to privacy was clearly violated by the inordinately 
low altitude of the flights. The police admitted that the altitude of the 
flyovers was so low that they could see one of the parties urinating. This 
was a private residence. The flyovers together with the use of the 
intrusive technology constituted an unlawful search and seizure."
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