Pubdate: Mon, 18 Feb 2008
Source: Other Press, The (CN BC Edu)
Copyright: 2008 The Other Press
Contact:  http://www.theotherpress.ca/
Details: http://www.mapinc.org/media/2684
Author: Garth McLennan

JUDGE'S RULING ON POT BUST A DISGRACE

On March 10, 2004, six Surrey police officers raided the home of Van
Dung Cao. The foray into Cao's home turned up an amazing 704 marijuana
plants. Cao was charged with producing marijuana and possession for
the purpose of trafficking. Case closed, right?

Well, not according to BC Supreme Court Justice Catherine Bruce. The
judge ruled all of the evidence inadmissible and dismissed the entire
case, saying that the police officers at the scene failed to knock
loud enough.

That's right. Apparently, while the police were busy busting a major
grow operation, they didn't significantly announce their presence and
that warrants a complete case discharge.

Wow. I have to ask, Just what is our justice system coming to? I mean
honestly, how can this judge possibly live with herself? It wasn't
like this was one pot plant for Christ's sake; Cao had 704 plants.
704! Did this guy pay Bruce off?

"The actions of the police created a real risk of harm to an occupant
by accidental shooting and to the police in terms of an aggressive
response to the violent entry," Bruce said.

Of course, how could the police have been so stupid? Why would they
ever dream of entering the house of a major drug distributor with
their guns drawn aggressively? What a preposterous thought!

Come on, this is a massive drug operation. The police couldn't
possibly have known that there was only one guy in the house, and even
if they did, so what? This guy is the scum of the Earth, plus, while
storming a drug house, it is only safe to assume that there is a
strong likelihood of weapons being around.

"In my view, a shocking entry without a prior 'knock and announce'
with guns drawn and ready to be discharged, and pointed at the
accused's head, could have produced disastrous consequences," Bruce's
statement read.

The real kicker is, the Surrey cops knocked. They said who they were
and requested that Cao open the door peacefully. But apparently, they
didn't knock loud enough. How pathetic is that? Judge Bruce wasn't
done, though; she also said that this decision would benefit the
justice system, if you can stomach that.

"The long-term harm to the justice system is not worth the short-term
gain made by admission of the evidence, which was obtained in a manner
that ignores the rule of law. I find the evidence obtained during the
execution of the search warrant is inadmissible. The Crown will be
unable to prove its case without the evidence secured by the entry to
the residence," Bruce read in her statement.

Why is it that the rights of criminals and drug dealers are put first?
Everyone deserves a fair shake in the court of law, but this is beyond
ridiculous. Somehow, the BC Civil Liberties Association thought that
Bruce's decision was the right one.

"Certainly we're aware of numerous cases in which deaths of civilians
or police resulted from the police's failure to adhere to the 'knock
and announce' rule," said Jason Gratl, the B.C. Civil Liberties
Association president.

"Throwing out this case is a way of protecting the lives of citizens
and police alike."

What garbage.
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MAP posted-by: Derek