Pubdate: Fri, 20 Mar 2015
Source: Winnipeg Free Press (CN MB)
Copyright: 2015 Winnipeg Free Press
Contact: http://www.winnipegfreepress.com/opinion/send_a_letter
Website: http://www.winnipegfreepress.com/
Details: http://www.mapinc.org/media/502
Author: Mike McIntyre
Page: A6

JUDGE CLEARS POLICE IN BATTERING-RAM DRUG BUST

A Winnipeg drug dealer who claims his rights were violated when police
tactical team members used "Wild West" tactics to storm into his Fort
Rouge home with a battering ram, flash bang and high-powered weaponry,
lost his bid for freedom Thursday.

Queen's Bench Justice Herbert Rempel ruled police acted properly and
within their mandate in the case of Christopher Li.

"They had reasonable grounds to believe there was a real risk of
violence," Rempel said.

Li was seeking to walk free on the grounds police violated the Charter
of Rights and Freedoms during the so-called dynamic entry in which he
was caught with close to $6,000 worth of cocaine, more than $2,000 in
cash and various drug paraphernalia.

His lawyer, Mark Wasyliw, argued there was no reason for such a
heavy-handed approach by officers and the evidence against his client
should be dismissed. He suggested police didn't "do their due
diligence" and carry out a proper investigation and simply decided to
flex their muscle without proper authority.

Li was convicted of possession of cocaine for the purpose of
trafficking and possession of property obtained by crime. He will be
sentenced later this spring.

Li was one of three targets of a search warrant police obtained from a
magistrate during their 2012 investigation, court was told. Although
he had no criminal record, Li was believed to be an associate of the
Zig Zag Crew, the puppet club of the Hells Angels.

One of the other targets did have a criminal record for violence and
was facing weapons charges. There were also links to the Hells Angels.
As well, the Dudley Avenue house that was being raided was previously
known to have air-soft guns inside.

For these reasons, police applied for the type of "no-knock" warrant
that allowed seven officers of the specialized tactical support team
to knock the front door down, toss a flash bang inside and go in with
military-style rifles.

Police expressed safety concerns over what could be on the other side
of the door, while raising the possibility drugs could be flushed if
the targets weren't taken by surprise. A magistrate agreed and issued
the warrant.

In his ruling Thursday, Rempel said that was reasonable and police
made "logical inferences" in how they handled the raid.

"The actions of police were proportional to the risk of violence and
possible destruction of the evidence," Rempel said. He said there's no
suggestion police "assumed they had carte blanche... for a Wild
West-style dynamic entry."

"They were in compliance of key requirements of the search warrant,"
Rempel said.

Li was the only person found inside the home when police burst in. He
emerged from a bedroom and gave himself up to police.

No firearms were found. Police found the drugs hidden under a couch
and in a jacket, while the large wad of cash was inside a dresser.
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