Pubdate: Tue, 24 Feb 2004
Source: Peace Arch News (CN BC)
Copyright: 2004 Peace Arch News
Contact:  http://www.peacearchnews.com/
Details: http://www.mapinc.org/media/1333
Author: Kevin Diakiw
Bookmark: http://www.mapinc.org/raids.htm (Drug Raids)

A GROW OP A DAY, RCMP MAKE A DENT POLICE COMMITTEE CHAIR SAYS IT'S A 
"CROCK" POLICE CAN'T INSPECT HOMES FOR GROW OPS

Surrey's drug teams have busted almost a grow op a day in the last four 
months, and the city's top cop is he's hoping to increase the raids to 
tackle marijuana cultivation.

The successes are occurring despite impediments to RCMP investigations 
because of recent court decisions.

RCMP Sgt. Gord Friesen, who heads Surrey's drug section, told the city's 
police committee Tuesday Surrey RCMP have executed 100 warrants for 
marijuana grow operations since October.

Asst. Comm. Gary Forbes told the committee he wants to step up the raids to 
"between eight and 10 a week."

Friesen wouldn't give specifics on how many marijuana grow operations are 
in Surrey but police "call it an infestation."

Previous police estimates pegged the number of grow ops the city at 4,500.

Friesen said police are making progress, but eradicating them is difficult 
due to legal hurdles.

Recent court decisions "preclude" police from going onto the property and 
searching the perimeter for tell-tale signs of a grow-operation, such as 
condensation on windows.

In addition, a recent Ontario court judge felt use of forward looking infra 
red, which detects heat given off by grow lights, is an infringement on the 
Charter of Rights.

The RCMP have used the tool to detect grow operations and are appealing the 
Ontario decision.

Without evidence, a warrant is difficult to obtain, and "we need a warrant 
to search or seize," Friesen said.

Coun. Gary Tymoschuk said those impediments are frustrating.

"They can't even, as police officers, go up to a window to see if there's 
condensation or can't knock on the door and take a good whiff to see if 
they can smell something," Tymoschuk, the city's police committee chair, said.

"To me, that's a whole crock."

In addition to the investigative work, police find themselves bogged down 
with court work.

"We have to satisfy the disclosure part when we go to court," Friesen said, 
adding evidence has to be made available to defense in a "precise and 
timely manner."

Forbes said half of an investigator's time is working on court details.
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MAP posted-by: Jay Bergstrom