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| Knock first, with caution - Wednesday, June 25, 2003 at 21:48 |
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PUBLICATION: Times Colonist (Victoria) ------------------------------------------------------------------------ Police investigating marijuana grow operations never know what they're going to find when they go into the building. That's why, for four years, Vancouver police would kick down doors and go in with drawn guns, rather than knock politely. On Friday the B.C. Court of Appeal showed them why this was wrong. It refused to accept evidence against a Vancouver couple running a grow operation and acquitted them. A lower court had also found police tactics wrong, but didn't exclude the evidence of the crime. Although the Vancouver force stopped kicking down doors as a prelude to exercising search warrants after the initial trial in 2000, police argued that the forced entry policy was safer for both police and the occupants -- the element of surprise overcame any potential for resistance by suspects, and police presence didn't give occupants any choice but to comply. They reported that in 120 executions of search warrants for grow operations in 1997, they found "readily accessible" firearms in a dozen cases, and other weapons such as knives or clubs in 60 forced entries. In this case, the front door was smashed in with a battering ram, and four officers, carrying pistols, rushed in. Armed officers were stationed at the back door, which was open at the time. But the Appeal Court found the "knock-notice" rule protects the safety of police and occupants better. When householders know it's the police at the door, and not other intruders, they are willing to be searched and detained rather than to respond, perhaps violently, the court said. Police are right to be wary, and to be prepared for the worst on drug raids. But by kicking down doors, they're likely to ensure their case is kicked out of court. |