Pubdate: Wed, 15 Aug 2012
Source: Penticton Western (CN BC)
Copyright: 2012 Penticton Western
Contact:  http://www.pentictonwesternnews.com/
Details: http://www.mapinc.org/media/1310
Author: Kristi Patton

COUPLE NOT GUILTY AFTER RCMP BOTCH WARRANTS

Botched search warrant procedures by Penticton RCMP has led to a not
guilty verdict in what a judge called a "sophisticated" marijuana grow
operation.

Judge Brad Chapman said the rights of Anthony and Jacqueline Prowse
were not respected when RCMP arrested the couple and searched their
Naramata property on Rounds Road on July 30, 2009. The couple were
facing two charges of possession for the purpose of trafficking and
one count of production of a controlled substance.

In his reasons regarding the search warrants, which were argued during
a voire dire, Chapman said RCMP had been following an anonymous tip
they received from Crime Stoppers. An investigation ensued and other
police sources corroborated the tip.

In the application for the first search warrant, RCMP officer Const.
Livingston provide in the information that the Fortis electricity
consumption was three times that of similar dwellings in the area but
did not provide the records, only a summary. Also included in the
information to obtain a warrant was thermal surveillance that showed
high heat signature from the dwelling and the officer noticed a
distinct odour from the property.

RCMP arrived at the Prowse's home on July 30, 2009 to search the
residence and find Anthony Prowse in the driveway, who informed
Mounties two people were in the outbuilding. Upon a search of that
building for "officer safety," RCMP discovered a grow operation.
Const. Livingstone then had to go back to a Justice of the Peace for a
second warrant to search the outbuilding. It was during this time
relatives of the Prowse's had pulled up to the Round Rounds house and
testified that they saw RCMP officers taking black garbage bags from
the outbuilding and when asked what was happening an officer said they
were "destroying a grow operation." This was before RCMP had the legal
right to search the outbuilding. Also, while RCMP were awaiting the
second search warrant both of the Prowse's were arrested, which
Chapman said was unlawful because RCMP could only go off the evidence
they had from the first search warrant. As well, their rights were
violated because of the dela! y in time before they were able to
access council.

Chapman said from the information he heard it appeared as though the
Prowse's had a sophisticated operation. RCMP had issued a press
release after the drug bust stating they found 560 marijuana plants,
49 pounds of cultivated marijuana, $11,000 in cash, grow equipment and
other drug trafficking paraphernalia that was seized as evidence. RCMP
also said at the time that during the search Mounties discovered a
passageway leading to an extremely sophisticated bunker-style
marijuana grow operation built underground beneath the concrete patio
of the residence.

"It would appear the home and outbuildings, in my view, were
constructed or renovated for the purpose of a marijuana grow
operation," said Chapman.

He said even though he has no doubt the couple were undertaking
illegal activity, "the public does expect law enforcement to respect
their rights and freedoms." Chapman concluded that almost all of the
information gathered and items seized by police would have to be
excluded from the evidence. Crown counsel Tyrone Duerr said in light
of this he would have to rest his case, defence for the couple, Neil
Cobb then followed suit.

"With no evidence before me to prove beyond a reasonable doubt, I find
you not guilty," said Chapman.

In November of 2011, an Olalla couple pled guilty to the cultivation
of a controlled substance after they were discovered by police in the
outbuilding of the Prowse's Naramata residence during the drug raid.

Michael Young and Karen Stapleton were acting as pruners or clippers
to help harvest the marijuana.

Young had a prior record for production of an illegal substance and
received 18 months house arrest and 120 hours of community service
work.

Stapleton was sentenced to 12 months of house arrest and 50 hours of
community service.
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