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." - --- MAP posted-by: GD