Pubdate: Fri, 12 Apr 2002
Source: Kitchener-Waterloo Record (CN ON)
Copyright: 2002 Kitchener-Waterloo Record
Contact:  http://www.therecord.com/
Details: http://www.mapinc.org/media/225
Author: Dave Pink

POT-HOUSE SEARCH LEGAL, JUDGE RULES

Called By Hydro Workers After Blackout, Police Find Large Marijuana Operation

CAMBRIDGE -- The police search of a suspected home-based marijuana-growing 
operation in Cambridge last year was not conducted illegally, Judge Colin 
Westman ruled yesterday.

David Lang, the lawyer for accused marijuana grower Hau Van Do, contended 
in Ontario Court in Kitchener that Waterloo regional police officers had no 
right to enter the house last Sept. 23 when they arrived to provide 
security for Cambridge Hydro workers.

The hydro workers had traced the source of a day-long neighbourhood 
blackout to the house at 66 The Greenway, and called in police for 
assistance, court was told. After police entered the house and saw the 
marijuana plants, they called for a search warrant.

Lang argued that the police had no right to enter the house until after 
they had the warrant.

"Given that they had a suspicion (that the house contained a 
marijuana-growing operation), I submit that they were making a criminal 
investigation," said Lang. "My position is that the police breached the 
Charter (of Rights and Freedoms.)

Federal prosecutor Justin Heimpel countered that under the Ontario 
Electricity Act, the hydro workers had a right to enter the house -- and 
the right to call in police for security.

"They were going into a situation where they weren't sure what was going on 
and they needed security."

Heimpel pointed out that when the police and electrical crews arrived at 
the door and identified themselves, the suspect let them in and showed them 
to the electrical panels in the basement.

"There's no question they had suspicions," the judge said.

"I'm prepared to infer that the hydro officials were there acting in the 
best interests of their customers. They were doing, in my view, what is 
totally reasonable under the circumstances . . . to rectify an electrical 
difficulty."

Westman added that even if the police had not gone into the house, the 
hydro employees would have seen any marijuana plants and told police.

Waterloo regional police Const. Minh Nguyen testified that he was 
dispatched to the house with other police officers at about 9:40 p.m. to 
assist Hydro crews. Nguyen said that Do opened the door and allowed the 
officers and the electrical crew to enter.

Nguyen said he spoke to the accused in Vietnamese, and that he was polite, 
offered no resistance and seemed to understand the situation. Nguyen added 
that after the officers saw marijuana plants, he arrested Do and read him 
his rights in Vietnamese.

Nguyen said Do told him he had come to Canada from Australia, and that he 
did not own the house -- only that he was looking after it for another man.

The trial continues today.
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MAP posted-by: Jay Bergstrom