Source: Alberta Report
Contact: ar.edletters@inetnorth.ab.ca
Website: http://www.albertareport.com/
Author: Davis Sheremata

PoliceStyle home invasions

A Calgary judge slams officers for unauthorized drug raids

Operation Weedeater" was a huge bust in more ways than one. In June 95,
Calgary police officials were feeling a monetary squeeze and ordered
their drug unit to wrap up a lengthy investigation of a city family they
believed responsible ofr a $6.millionayear marijuana growing business
located in dozens of houses. On the morning of June 21, more than 100
police officers (many wearing full tactical gear including black
balaclavas and bulletproof vests) raided 55 homes in Calgary's
biggestever hydroponics sweep.

Thirtyfive people, including a city firefighter and a provincial court
clerk, were charged with conspiracy to cultivate and traffic in
marijuana, as well as various other Narcotic Control Act charges.
Unfortunately, the police's paperwork was a mess. On August 11, Prov
incial Court Judge Sandra Hamilton, presiding over the trial of 13 of
the defendants, excoriated the police for "serious breaches" of duty in
drawing up their search warrants, and in their judgeshopping to get
them signed.

Describing their actions as "deliberate", "willful,", "flagrant", and
"outrageous", Judge Hamilton threw out the warrants, writing "The
actions of the police herein suggest at the very least an alarming
carelessness and complete laxness in procedure, and at worst an
appalling arrogance in the disregard displayed for constitutionally
guaranteed freedoms.. I am satisfied that the average lawful citizen of
this country would be appalled to think that private residences could be
invaded by armed teams of police officers without warrants."

The judge, who earlier this year threw out the bulk of the police's
wiretap evidence against the defendants, blames the problems on Calgary
Police Service (CPS) officials who compromised the investigation by
"imposing unreasonable time constraints within which to prepare the
extensive documentation needed to wrap up the operation"

As a result, Sergeant s.G. Kirk got stuck with the thankless job of
preparing all the search warrants the night before the bust was to take
place. At 10:45 p.m., June 20, he and another officer arrived at the
home of a local justice of the peace with an 18inch stack of warrants.
After reading one of the warrants, the justice refused to sign it saying
its wording was too vague. So the two policemen went looking for a more
accommodating jurist. At 11:45 p.m., they got Provincial Court judge
Anthony P. Demong out of bed. "It is clear from the evidence of Sgt.
Kirk that the provincial judge did not read all of the documents placed
before him," Judge Hamilton wrote. Thirty minutes later, the judge,
still in his pyjamas, had signed the stack of warrants, or most of them
anyways.

At 5:30 the next morning, it was discovered that the judge had not
signed four warrants, but the police went ahead with the busts and had
judge sign them later that morning. During the trial, police were
unable to prove which four warrants were not signed at the time of the
busts. As a result, Judge Hamilton excluded all the evidence seized in
all the June 21 searches.