[Newsbot]

Title: Appeal court overturns drug, gun convictions over police mistakes
Category: Law & Order
Posted By: ridenrain
Date: 2009-02-20 12:27:37
Canadian

[ridenrain]

My title was better.

[DrJones]

This case turns on horrible police work. They didn't meet the test for a telewarrant; they did a lazy investigation; and they failed to tell the issuing justice who signed on the search warrant about relevant and material information.

To quote the Appeal court: "But here, as I have said, there has been a total failure to disclose a very material fact, Source A and his or her information. "

What do the police think will happen when they make a mockery of the search warrant provisions?

[ridenrain]

I disagree.

Quote:

The marijuana plants found outside, which the officer had first observed while golfing, were actually on Crown land between Ling’s property and the golf course; police never measured the property.

Should police need to survey the property before they can get a warrent?

Quote:

The warrant authorized police to search two lots owned by Ling. During the search, they unknowingly crossed a third lot owned by Ling which wasn’t listed on the warrant, thereby trespassing on his property.

If the property was crown land, and they got there over land they had warrents to search, how do they figure that it was trespassing? Never the less, aside from the pot on the no-mans land they didn't have a warrent for, they still found:

Quote:

The Mounties found pot growing indoors and outside. Officers also seized two weight scales, the revolver, stun gun, Crossman air pistol, a holster with five live rounds of ammunition, a Winchester shotgun and six live shotgun shells.

Quote:

The appeal court cited a previous judgment, which said “we should never lose sight of the fact that even a person accused of the most heinous crimes, and no matter the likelihood that he actually committed those crimes, is entitled to the full protection of the Charter.

“Short-cutting or short-circuiting those rights affects not only the accused, but also the entire reputation of the criminal justice system.”

There we go again with the charter.. Thanks to the charter and judges like this, we have a wild west shootout every night, with illegal guns like these, fueled by money made from grow ops like these.

I hope someone is keeping track of the judges who hand out this bullshit.

[DrJones]

Ridenrain, that's a bit much. Are you suggesting the police simply get to search anyone's property whenever they want, no need for warrants at all, our civil liberties be damned?

This isn't a case about anything other than sloppy police work.

In your first quotation above, you comment on how the police shouldn't need to survey the land before getting a warrant. Of course they should have to survey the land... they have a duty to do their investigation properly before marching onto someone's land... in that very part you quote, they found marijuana plants on CROWN land, not the accused's! They just assumed it was his, which was part of the misleading information on the application for the search warrant.

Imagine if the police searched your home one night, guns out, barging through your possessions, on a 'warrant'. Then you found out the warrant was based on bad intel that the police could have figured out if they'd done their job in advance. Are you civil liberties trivial too?

We allow criminals these protections not because they should get away with their crimes... but because we need the protection against excessive state action to exist for EVERYONE.

Even in this case, there was a chance to still have the evidence admitted under section 24(2) of the Charter... despite the illegal search... but the court said this was too much and the evidence should not be admitted, in part, so that the police realize this type of sloppy work cannot simply be condoned.

I'm no fan of drugs and guns, but I agree with the decision here.

[ridenrain]

As a gun owner, I am subject to search at any moment.

They saw pot growing from the golf course, fer christ sakes.
The man has a prior arrest for growing pot on that property 10 years ago.

You might see a triumph for the charter but I see activist judges who are letting a repeate offender go. I guess the illegal handgun just gets returned to him with a rain check?

[poquas]

Sloppy police work or not, they were right. It may be Machiavellian, but damn it, lock the SOB up.

[ridenrain]

lily wrote:

Quote:

As a gun owner, I am subject to search at any moment.

Admit it, ridenrain.... that's why you own the gun, isn't it?

ah.. anonimity on the net..
As a teen age Japanese school girl, I don't know what you're talking about..
(coy smile, batt eyelashes. )


Seriously, I think our storage of weapons is open to inspection within 24 hours and there is no doubt in my mind that any storage would always be found wanting and the path to getting you're firearms back would be long, bureaucratic and very expensive.
It would also be barren of judges who would step in to help you.

[Hyack]

ridenrain wrote:

My title was better.

I saw that and damn near spewed my drink....thanks......

Quote:

My title was better.

That is your opinion, and we all know about opinions.......they are like assholes.....everyone has one.

As for my replacing the original title to the piece, I've had a number of complaints about your editing the story titles to push your own personal agenda or to skew the original intent of the story to suit your own biased opinion. On some occasions I'll let a title be changed, but if it in any way changes or detracts from the original intent of the story......it goes.

[ridenrain]

That's fair and I will push as far as I can get away with.
This one was spun, no contest there.
I will say that the Russians sink Chinese freighter was a nessesary though.

He's a fair cop.

[ShepherdsDog]

Quote:

I think our storage of weapons is open to inspection within 24 hours and there is no doubt in my mind that any storage would always be found wanting and the path to getting you're firearms back would be long, bureaucratic and very expensive.

So what you're saying is that my weapons that are wrapped, packed in grease, stored in a locked steel locker and buried 5ft underground in the bush aren't properly stored?

[ridenrain]

What guns?? Those were all stolen years ago.


Lol. What a joke. If you had a pot plant, you'd have an army of activist judges leaping up to protect you're right to that "lifestyle". Instead, you're a bamby murdering loser who shouldn't be allowed to own guns anyways.

[ShepherdsDog]

oh... yeah....

[ShepherdsDog]

ridenrain wrote:

That's fair and I will push as far as I can get away with.
This one was spun, no contest there.
I will say that the Russians sink Chinese freighter was a nessesary though.

He's a fair cop.

Given the proper bribes.........he likes his hentai