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Court Upholds 'Pot Grow Op' Home Seizure
Pubdate: Thu, 08 Sep 2005
Source: Aldergrove Star (CN BC)
Copyright: 2005 Central Fraser Valley Star Publishing Ltd.
Contact: http://www.aldergrovestar.com/
Details: http://www.mapinc.org/media/989
Author: Monique Tamminga
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)
COURT UPHOLDS 'POT GROW OP' HOME SEIZURE
A provincial court judge has upheld a decision to seize a Langley
man's home after he pleaded guilty to producing a marijuana grow
operation in his 268 Street residence.
In early 2003, Langley RCMP investigated a grow op at 2418 - 268 St.
The accused, Van My Luu was home at the time of the warrant execution,
said police.
The investigation revealed that Luu was the legal owner of the
property and controlled the grow operation.
The investigation led police to apply to seize the home but the
accused challenged the forfeiture.
In April 2005, Department of Justice counsel presented their
application to a judge in Surrey Provincial Court. Luu's defence
counsel argued that the home shouldn't be seized because it was an
inordinate sanction relative to the crime.
However, prosecutors used video footage taken inside the home to show
the sophistication of the grow op and the "obvious" involvement of the
accused. Pictures taken by police show massive amounts of complicated
electrical work, venting and large production of plants in the
basement of the home.
Upstairs was being lived in. Pictures of the kitchen show a toddler's
bicycle and cooking pots on the stove. Other pictures of the living
room show leather couches and entertainment unit with speakers and TV
plugged into outlets.
On Aug. 9, the judge upheld the seizure decision and ordered the
dwelling be forfeited to the Crown and be disposed of by the Minister
of Public Works. In addition to the seizure of a significant asset,
Luu was also given a one year jail sentence.
Luu is appealing the judge's decision to seize his
home.
"What makes this case stand apart from the rest of the dwelling
restraints and forfeitures in B.C. is that all previous forfeitures
have been by way of consent," said Langley RCMP spokesperson Cpl.
Diane Blain.
This is the first case in B.C. to be contested since the amendments
under Bill C-24 in 2001.
When a home is forfeited to Crown, the residence is properly cleaned
up so it can be inhabited safely again. Then it can be sold. The
revenue made from the sale goes back to the province, said Blain.
According to media reports, Luu's family, including his children, are
still living at the residence.
They face eviction by way of court order if Luu doesn't win his appeal
to keep his house.
In the meantime, Langley Mounties have identified a suspect in a grow
op discovered inside an Aldergrove barn Aug. 19. A generator is likely
the cause of the fire that exposed the operation that saw more than
1,600 pot plants seized. Charges are forthcoming, she said.
While Langley RCMP's Green Team is busting a lot of grow ops, there
are a lot more out there, said Blain. Some have been found in
underground bunkers, others in barns and homes.
Anyone who wishes to report a grow op in Langley can call the Langley
RCMP drug tip line at 604-532-3304.
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MAP posted-by: Larry Seguin