Pubdate: Sat, 13 Nov 2010 Source: Vancouver Sun (CN BC) Copyright: 2010 The Vancouver Sun Contact: http://www.canada.com/vancouversun/letters.html Website: http://www.canada.com/vancouversun/ Details: http://www.mapinc.org/media/477 Author: Jane Seyd, North Shore News RIGHTS VIOLATION CITED IN DISMISSAL OF POT CHARGES Police showed a 'pattern of carelessness' Two men arrested as they left a British Properties marijuana-growing operation have had the case against them tossed out on the grounds that West Vancouver police officers violated their rights. Ngoc Hang Huynh and Van Hoang Huynh were arrested Feb. 3, 2006 after police who were watching a suspected growing operation saw the pair pull up to the house, go inside and drive off again. The pair were arrested shortly afterwards, when officers pulled over their minivan. They were taken to the police station, fingerprinted and photographed. That same night, police searched the house at 547 St. Andrew's Rd. and discovered a marijuana-growing operation with 450 plants being cultivated in three rooms of the house. Police discovered the hydro meter had been bypassed and there were no personal effects or furniture of any kind in the house. The two men were later charged with both producing a controlled substance and possession of marijuana for the purpose of trafficking. But a B.C. Supreme Court judge threw out the case against the pair, saying police didn't have proper grounds to arrest the two men when they pulled over the van. Justice Catherine Wedge said police also violated the rights of the accused when they didn't act quickly to get a Vietnamese translator for them so they would know why they had been arrested and be able to speak with a lawyer. The judge said police didn't tell either of the men they had a right to a lawyer of their choice after they were arrested. In refusing to admit the evidence seized by police, Wedge wrote the police showed "indifference" and "a pattern of carelessness" regarding the rights of the accused. According to court documents, police had set up surveillance on the house after receiving a report of suspicious activity by the homeowner. Officers who stopped by the property said they smelled marijuana from the road and thought they heard what sounded like fans coming from inside. The two men were later observed going into the house, turning on lights and later leaving. Wedge, however, said that alone wasn't "reasonable and probable" grounds to arrest the pair. - --- MAP posted-by: Matt