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News (Media Awareness Project) - CN BC: Editorial: It's A Pity That The Law Sometimes Gets In The Way
Title:CN BC: Editorial: It's A Pity That The Law Sometimes Gets In The Way
Published On:2005-11-09
Source:Province, The (CN BC)
Fetched On:2008-08-19 05:55:16
IT'S A PITY THAT THE LAW SOMETIMES GETS IN THE WAY OF JUSTICE

Three Mounties were in the foyer of a home in Mission and the smell of
chemicals was rank in the air.

To the officers -- who were there on an unrelated matter -- it meant
only one thing: Someone was operating an illegal crystal meth lab in
the basement.

The problem was that the couple living upstairs declined to give the
police access to the lower floor.

That's when one of the officers made it plain to them that either they
opened the door or he'd break it down.

Doris Westrageer and Donald Wisser were later charged with possession
and production of methamphetamine for the purpose of
trafficking.

A slam-dunk case, you'd think.

But no. Three years later, the pair walked free after B.C. Supreme
Court Justice Brian Joyce declined to admit the evidence against them.

The officers had grounds for "strong suspicions," the judge said, but
not enough evidence to conclude there was a meth lab in the basement.
And, since they did not have permission to go into the basement, their
search of it was "unreasonable."

It is eminently wise that there are safeguards against unreasonable
police searches. And it was wrong of the Mounties to do the search
without a warrant, even with the evidence under their nose.

But why is it that cases like these seem to offend against our sense
of natural justice?
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