Pubdate: Wed, 18 Jun 2003
Source: Kelowna Capital News (CN BC)
Copyright: 2003, West Partners Publishing Ltd.
Contact:  http://www.kelownacapnews.com/
Details: http://www.mapinc.org/media/1294
Author: Marshall Jones

INVESTIGATION METHODS BEHIND POT BUST CHALLENGED

Lake Country Man Claims Search And Seizure 'Unreasonable.'

A Lake Country man who was arrested in that city's 2001 blitz on marijuana 
growers is challenging police methods of finding pot growers.

Lawrence Federink faces charges in B.C. Supreme Court of growing and 
possessing marijuana for the purpose of trafficking and stealing 
electricity from B.C. Hydro.

But between the time that Federink was charged and the beginning of his 
trial Tuesday, the courts have ruled that a police method of searching for 
residential homes growing marijuana amounted to unreasonable search and 
seizure.

Crown prosecutor Clarke Burnett told Justice Robert Metzger that he would 
show how police use infrared technology to find hot spots in homes which 
may indicate marijuana growing operations.

He didn't specifically say it was used in the investigation on Federink but 
he promised a full demonstration of how it works.

While Federink's lawyer, Kelly Christiansen, is expected to attack the 
cameras, Burnett said he will argue that the police were acting in good 
faith under the law as it stood.

Burnett said he was also prepared to defend the police use of a judicial 
justice of the peace to obtain a search warrant even though the courts have 
since determined that justices of the peace do not have that authority.

Federink's trial is scheduled to last four days.
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