Judge's Ruling on Pot Bust a Disgrace
By: Garth McLennan, The Other Press (CN BC Edu), 02-18-08

On March 10, 2004, six Surrey police officers raided the home of Van Dung Cao. The foray into Cao’s home turned up an amazing 704 marijuana plants. Cao was charged with producing marijuana and possession for the purpose of trafficking. Case closed, right?

Well, not according to BC Supreme Court Justice Catherine Bruce. The judge ruled all of the evidence inadmissible and dismissed the entire case, saying that the police officers at the scene failed to knock loud enough.

That’s right. Apparently, while the police were busy busting a major grow operation, they didn’t significantly announce their presence and that warrants a complete case discharge.

Wow. I have to ask, Just what is our justice system coming to? I mean honestly, how can this judge possibly live with herself? It wasn’t like this was one pot plant for Christ’s sake; Cao had 704 plants. 704! Did this guy pay Bruce off?

“The actions of the police created a real risk of harm to an occupant by accidental shooting and to the police in terms of an aggressive response to the violent entry,” Bruce said.

Of course, how could the police have been so stupid? Why would they ever dream of entering the house of a major drug distributor with their guns drawn aggressively? What a preposterous thought!

Come on, this is a massive drug operation. The police couldn’t possibly have known that there was only one guy in the house, and even if they did, so what? This guy is the scum of the Earth, plus, while storming a drug house, it is only safe to assume that there is a strong likelihood of weapons being around.

“In my view, a shocking entry without a prior ‘knock and announce’ with guns drawn and ready to be discharged, and pointed at the accused’s head, could have produced disastrous consequences,” Bruce’s statement read.

The real kicker is, the Surrey cops knocked. They said who they were and requested that Cao open the door peacefully. But apparently, they didn’t knock loud enough. How pathetic is that? Judge Bruce wasn’t done, though; she also said that this decision would benefit the justice system, if you can stomach that.

“The long-term harm to the justice system is not worth the short-term gain made by admission of the evidence, which was obtained in a manner that ignores the rule of law. I find the evidence obtained during the execution of the search warrant is inadmissible. The Crown will be unable to prove its case without the evidence secured by the entry to the residence,” Bruce read in her statement.

Why is it that the rights of criminals and drug dealers are put first? Everyone deserves a fair shake in the court of law, but this is beyond ridiculous. Somehow, the BC Civil Liberties Association thought that Bruce’s decision was the right one.

“Certainly we’re aware of numerous cases in which deaths of civilians or police resulted from the police’s failure to adhere to the ‘knock and announce’ rule,” said Jason Gratl, the B.C. Civil Liberties Association president.

“Throwing out this case is a way of protecting the lives of citizens and police alike.”

What garbage.

2004 H.U.M.A.N.: Hemp Users Medical Access Network - Toronto Medical Marijuana