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Police search of 91原创 grow-op upheld

Crown prosecutor wins fight over evidence from cellphone, computer

The 91原创 RCMP did not go too far when they gathered evidence from one of two computers and a cell phone found inside a marijuana growing operation, a B.C. Court of Appeal tribunal has ruled.

The verdict was a victory for the police and Crown prosecutor and a setback for Thanh Long Vu, the owner of an 84 Avenue property that was raided by the 91原创 RCMP drug section on Sept. 6, 2007.

What is described as a large marijuana growing operation with more than 1,000 plants was discovered in the basement of the house.

Also found during the search was a cell phone and two computers, a desktop and a laptop.

The officers found evidence in the computers and cell phone that they said connected Vu to the grow operation, including security video recordings on the desktop that showed a Honda CRV registered to Vu coming and going from the house, a resume in his name on the laptop and photograph of Vu on the cell phone.

It was, the court was told, 鈥渟tandard practice for members of the 91原创 Drug Section to examine non-password-protected computers and cellular telephones for evidence of ownership or occupancy鈥 during a raid.

During Vu鈥檚 trial, a B.C. Supreme Court judge threw out the evidence from the cell phone and portable computer, saying the warrant authorizing a police search of the premises should have specifically included a reference to 鈥渆lectronic documents.鈥

The video evidence from the desktop computer was allowed.

The Crown prosecutors鈥 office challenged the ruling.

In a written decision released on Dec. 28, a three-judge B.C. Court of Appeal panel said the warrant did not need to mention 鈥渆lectronic documents鈥 like the resume found on the laptop.

The warrant gave the officers the power to look for any documents that would identify the owner of the grow op, the judges ruled, and that applied to both the paper and electronic varieties.

In their ruling, the judges also noted the law governing search and seizure limits the extent of a police look-through of a computer or cell phone and does not allow them to 鈥渟cour鈥 the entire contents of a hard drive.



Dan Ferguson

About the Author: Dan Ferguson

I鈥檓 the guy you鈥檒l often see out at community events and happenings around town.
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