Pubdate: Fri, 08 Feb 2008
Source: Province, The (CN BC)
Copyright: 2008 The Province
Contact:  http://www.canada.com/theprovince/
Details: http://www.mapinc.org/media/476
Author: Andy Ivens
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
Bookmark: http://www.mapinc.org/raids.htm (Drug Raids)

MLA URGING GOV'T TO APPEAL GROW-OP RULING

NDP public safety critic Mike Farnworth called yesterday for an 
appeal of a B.C. Supreme Court ruling that threw out evidence 
gathered in a raid on a large grow-op because the police were too 
aggressive in their entry.

Although Surrey RCMP had a legal warrant to enter the upscale 
residence on 157A Street four years ago and knocked on the front door first,

Justice Catherine Bruce ruled this week that they "created a real 
risk of harm to an occupant" by knocking down a side door, where they 
did not "knock and announce."

Police knocked on the front door and, receiving no answer, went to 
the side entrance, where they used a battering ram to knock down the 
door. They entered the house with guns drawn.

Inside the home, police found a grow-op with 704 marijuana plants.

"This has potentially the ability to hamper the ability of the police 
to do their job in busting grow-ops, which are an increasing concern 
to residents particularly in the suburbs, where more and more houses 
are being used for grow-ops," said Farnworth, MLA for Port 
Coquitlam-Burke Mountain.

"Going up to a house where you don't know what you're dealing with is 
a very risky thing these days, particularly given what we've seen 
with gangs and gang violence."

Although Farnworth urged B.C. Attorney-General Wally Oppal to launch 
an appeal, Stan Lowe of the criminal justice branch said the decision 
to appeal rests with federal authorities since it is a drug case.

Bruce said in her ruling that the methods used appear to be "standard 
practice" for Surrey RCMP.

Surrey Mayor Dianne Watts called the ruling "absurd."
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MAP posted-by: Jay Bergstrom