Pubdate: Fri, 04 Nov 2011
Source: Province, The (CN BC)
Copyright: 2011 Postmedia Network Inc.
Contact: http://www2.canada.com/theprovince/letters.html
Website: http://www.theprovince.com/
Details: http://www.mapinc.org/media/476
Author: Keith Fraser
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)

GROW-OP CASE TOSSED OUT OVER BREACH OF RIGHTS

The case against a man charged after 500 marijuana plants were found 
in a Gibsons home has been dismissed after a judge ruled that RCMP 
violated the accused's rights.

In May 2009 Van Dang Truong was charged with production of marijuana 
and possession of marijuana for the purposes of trafficking.

RCMP executed a search warrant on a two-storey house and found more 
than 500 marijuana plants along with fans, lights and other equipment 
common to grow-ops.

Truong was arrested on the upper floor of the home.

At trial, the accused made a number of Charter challenges, including 
that his right to be secure from unreasonable search and seizure was 
breached and that the warrant was invalid.

The trial judge, B.C. Supreme Court Justice Nathan Smith, found that 
while the warrant was valid, the RCMP made an improper entry into the 
home. In the absence of urgent circumstances, police are required to 
knock first, announce their presence and allow a reasonable time for 
any occupants to respond.

Police in the Truong case knocked on the door, but waited at most 
only 45 seconds before using a battering ram to bust into the home.

Following his arrest, Truong was also denied his right to speak to a 
lawyer of his choice.

When asked by the officers whether he had a lawyer, the accused gave 
police a name, but the officers ignored that request, a "significant" 
breach of his rights, said the judge.

"In this case, I have found the police took what can best be called a 
casual approach to the accused's rights under the Charter, doing the 
minimum necessary to honour them in form while effectively ignoring 
them in substance."

The judge said he was "driven with some reluctance" to the conclusion 
that to admit the evidence would bring the administration of justice 
into disrepute.
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