Pubdate: Fri, 24 Dec 2004 Source: Lindsay This Week (CN ON) Copyright: 2004 Lindsay This Week Contact: http://www.lindsaythisweek.com/ Details: http://www.mapinc.org/media/2213 Author: Mary Riley Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada) Bookmark: http://www.mapinc.org/topics/grow+operations SUPREME COURT PUTS FLIR BACK IN THE AIR FOR COPS If you're sitting in your bathtub and you hear the sound of a helicopter overhead, relax. The cops can't see inside your house. Police forces looking to put an end to marijuana grow operations by using the latest infrared technology got a major boost from the Supreme Court of Canada last spring when it ruled the thermal-imaging device FLIR doesn't violate privacy. Sgt. Rick Barnum, of the OPP's Drug Enforcement Unit, said that while the news is good for police, the OPP routinely proceed under a search warrant in drug investigations. "It's great news in that the courts are on our side in this, and we're excited about that," he said. "But we get a search warrant in these investigations anyway. FLIR is used under a warrant whenever we need it [the technology]." The officer was part of the team that busted a $3 million pot-processing operation near Coboconk Oct.7. Nineteen people were arrested in connection with the raid. FLIR, which stands for Forward Looking Infrared Radar, is a thermal-imaging camera mostly used in helicopter searches to detect marijuana grow ops. Using heat sensors instead of light, FLIR records images of thermal energy and heat radiating from a building. The use of the technology was called into question in a recent court case when the RCMP used FLIR while flying over the house of a man suspected of growing marijuana. Using FLIR results, the police obtained a search warrant for the house, and seized marijuana, scales and weapons during the raid. In the case, R. vs Tessling, the accused, Walter Tessling was convicted of weapons and drug offences but the Ontario Court of Appeal overturned that conviction, ruling that using FLIR amounted to a search and required a warrant. The judge ruled that Tessling's privacy was invaded because, in her words, FLIR was able to reveal what was going on inside the home that couldn't be detected from outside. Not so, said the Supreme Court. The Crown successfully appealed to the Supreme Court, which restored the conviction and ruled on the police use of FLIR. FLIR, as it currently exists is not capable of 'seeing' inside a building; it records only information outside. In the Court's view, that is exposed to the public, no different than what anyone can see outside a home or business. Because of that, Justice Binnie of the Supreme Court ruled using FLIR is not an invasion of privacy. The judge held that although the sanctity of a person's home "must be afforded the utmost of protection from the prying eyes of the State," thermal imaging as it currently exists does not reveal what's going on behind closed doors. In short, FLIR can't tell police the precise activity that is causing heat to emanate from the source. FLIR is not X-ray technology. It merely measures heat patterns. But as the jurists have cautioned, any change in the technology which would permit FLIR to be used as a 'spy' camera, would require immediate changes to the laws governing its use. Sgt. Barnum said most drug investigations carried out by the OPP come initially from the public's tips and information gathered by police without FLIR. "We don't take the helicopter out and go 'hunting,' he said. "It's a pretty expensive resource. Usually, we get tips and information on grow operations, often from the public and then we proceed with the warrant. We use the helicopter and FLIR to search a large area, for example if we receive information that a number of houses in an area are showing suspicious activity. We would use FLIR to cover a large area in that case." Asked if the public equates the police helicopter with the use of FLIR, Sgt. Barnum said that although that's what FLIR is for, people remain the police's best resources. "If I have a [citizen] tell me he was in a suspect's house and saw a whole bunch of marijuana plants, I don't need to go get the helicopter," he said. "We get a lot of help from the public. The good news for us in the court ruling is that we don't have to get a special warrant to use FLIR. People think we can see right inside their houses; that's not the case. It's a tool, actually quite similar to a radar gun used on the highway. That measures speed, FLIR measures heat. But it's certainly good for police that the courts are recognizing [the tools] we need for the job." - --- MAP posted-by: Larry Seguin