Pubdate: Thu, 22 Dec 2011
Source: Victoria Times-Colonist (CN BC)
Copyright: 2011 Times Colonist
Contact: http://www2.canada.com/victoriatimescolonist/letters.html
Website: http://www.timescolonist.com/
Details: http://www.mapinc.org/media/481
Author: Kelly Sinoski, Postmedia News 

POLICE WENT TOO FAR IN MEDICAL POT PROBE: JUDGE

B.C. police engaged in a "serious misuse of their powers" when they 
extended an investigation of a suspected medical marijuana theft to 
search the home for signs of criminal activity, a B.C. Supreme Court 
judge has ruled.

Justice Brian Joyce said the Abbotsford police were justified in 
searching the home after suspecting a violent home invasion had 
occurred on Feb. 10, 2009. But they exceeded their limits, Joyce 
ruled, in obtaining a search warrant after a "rough count" of the 
medical marijuana plants inside indicated the grower was in violation 
of his licence.

"Police were aware of the limits of their powers by entering the 
residence without a warrant. They knew they could not engage in a 
search for evidence to support a crime, yet that is exactly what they 
did," Joyce ruled in his written judgment.

Police were called to the home after a neighbour reported seeing three 
men with black hoodies in the backyard of a house across the street. 
When police arrived, they found a fence kicked in and the patio door 
open at the house next door.

Knowing the house owner, Pencho Batanov, was licensed to grow medical 
marijuana, the police suspected a grow rip had occurred and decided to 
search the home to see if anyone was injured.

They exceeded their powers, Joyce said, when several officers counted 
the number of lights and marijuana plants, which numbered about 200, 
in the basement. One officer also took note that the medical marijuana 
licence allowed only 49 plants.

Batanov is charged with unlawful production of marijuana and 
possession of marijuana for the purpose of trafficking.
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