Pubdate: Sat, 30 Oct 2004 Source: Toronto Star (CN ON) Copyright: 2004 The Toronto Star Contact: http://www.thestar.com/ Details: http://www.mapinc.org/media/456 Author: Tonda Maccharles, Ottawa Bureau Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada) Bookmark: http://www.mapinc.org/find?216 (CN Police) COURT PUTS HEAT ON GROW-OPS OTTAWA--Don't expect your home to be your castle if you've got a marijuana grow-op in the basement. The Supreme Court of Canada ruled yesterday police do not need a warrant to scan homes with infra-red technology looking for excessive heat emanations that could be caused by a pot-growing operation inside. Unlike the U.S. Supreme Court, which took a strict view of the sanctity of the home and required police to get warrants for heat scans, Canada's top court says the thermal imaging technology is a crude snapshot of outside surfaces of a home, not an intrusive image of what's going on inside, and therefore is not an "unreasonable search." Justice Ian Binnie, writing for a 7-0 unanimous court, ruled the infra-red scans just give a black-and-white "hot-not" picture. That distinction is key, the judges decided. The court said citizens have a reasonable expectation of privacy over activities in their home, but can't reasonably expect the same privacy regarding a home's heat emissions. The heat could be generated by a sauna, a pottery kiln, an overheated toaster or the high-intensity halide lamps marijuana "grow-ops" use. Police can't tell by using thermal imaging scans, and therefore don't require a judicial authorization, the court held. Binnie made clear police can't use results of the scan, known as Forward-Looking Infra-Red Radar or FLIR technology, to persuade a judge to issue a search warrant. Officers must have more sound information, say a tip from an informant, before a judge could grant a search warrant to go inside the home. The ruling overturns an Ontario Court of Appeal decision written by Justice Rosalie Abella, who has just been elevated to the top court. The case involves Walter Tessling of Kingsville, who was charged in 1999 after police found marijuana with an estimated street value of $15,000-$20,000, two sets of scales, freezer bags and several guns in his home. Tessling lost a bid at trial to have evidence tossed out on the basis of an invalid search warrant, but successfully appealed to the Ontario Court of Appeal. He has served about 10 days of an 18-month sentence on drug and firearms charges, and must now begin to serve that term. - --- MAP posted-by: Derek