Pubdate: Thu, 22 Dec 2011 Source: Nanaimo Daily News (CN BC) Copyright: 2011 Nanaimo Daily News Contact: http://www.canada.com/nanaimodailynews/ Details: http://www.mapinc.org/media/1608 Cited: Stop the Violence BC: http://stoptheviolencebc.org/ GROW RIP NO EXCUSE FOR POT PROBE, JUDGE RULES 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 grow rip had occurred on Feb. 10, 2009, but they exceeded their limits 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. "It must be kept in mind that even though the police had the authority, under exigent circumstances, to enter the accused's home without a warrant this case is still concerned with the privacy interests in relation to his home. Those privacy interests are entitled to the utmost protection. "In my view, the court must guard against the notion that once the police are lawfully inside a person's home unlawful searches conducted by them will be viewed as minimal intrusion into protected privacy interests." Police were called to the home after a neighbour reported seeing three men with black hoodies in the backyard. When police arrived they found a fence kicked in and the patio door open at the house next door. 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. Police used the information to obtain a warrant and then seized a number of items relating to the grow operation, along with a digital camera. Batanov is charged with unlawful production of marijuana and possession of marijuana for the purpose of trafficking. - --- MAP posted-by: Richard R Smith Jr.