Another BAD BC court judgement

[ticat900]

http://www.vancouversun.com/news/charge ... story.html

This judge sure makes the police job become harder.I personally think Vancouver Provincial Court Judge Brian Bastin
should be removed from the bench because of this terrible injustice.I wonder how many previous mistakes he has made and how many more in the .Terrible call on his part, terrible

[NAB]

So the police bungled their entry and the search warrant, the public prosecutors bungled laying the charges, and it is the Judge's fault for upholding the law. OoooooK, I guess I can understand that rationale.

Nab

[Veovis]

I don't think the entry was bungled. The event outside of the residence was used as an excuse to seach a home they couldn't get a warrent on, but knew there was something illegal inside.

Really just boils down to a swing and a miss by the police, in this case the guilty parties managed to use it get out of the offence.

[Smurf]

Should the shots fired and the worry and permission of the mother not be enough to warrant a search of the suite. I don't know, just asking. Shots fired in a residential area seem pretty serious to me.

[Rwede]

Yet, if a useless registry clerk transposes a serial number on my 22 rifle that I use to hunt grouse, the cops can boot in my door without a warrant, arrest me, seize my rifles, and charge me, since the registry clerk's error is deemed to be my responsibility.

[NAB]

...., but knew there was something illegal inside.

...and they knew that how?

Nab

[ticat900]

So the police bungled their entry and the search warrant, the public prosecutors bungled laying the charges, and it is the Judge's fault for upholding the law. OoooooK, I guess I can understand that rationale.

Nab

nab you really beleive what your saying? or just casuing desention as per usuall here?? You firmly beleive these people were wronged by police getting a search warrent and seizing 30 weapons( all were not owner registered and most were illegal resricted weapons) plus the fact the two people charged are known crimminals with records.Hmm I sure would not want to like in a world that was controlled by the NAB,S

[NAB]

Should the shots fired and the worry and permission of the mother not be enough to warrant a search of the suite.

Not for anything other than potentially injured persons apparently, at least without a proper search warrant allowing them to explore deeper? I don't think I would be very comfortable with allowing police to enter my home without a warrant to see if I was hurt or dead, and then rumaging through my closets and drawers and under my mattress and pillows without a proper warrant allowing them to do that. But I suspect that the occupants of the suite might have "been known to police" as the saying goes, and they as a result might have been confident that they would find something amiss if they looked hard enough. But that excuse obviously doesn't wash in law either, and we do live in a nation that subscribes to the concept of rule of law and judicial independence.

Edit to add: And of course, if the prosecution feels that the judge erred, they can always appeal to a higher court and try to make their case.

Nab

[Veovis]

I'm not saying it was right here NAB, and I am making the assumption that the police may have been aware of who lived there is all.

It's simply a scenario to get into a place to seach it that I can see being used in this situation.

It gets held up and tossed in court though because if it didn't it opens the door to do this to anyone, not simply "suspects" (as Rwede points out even a clarical error can open a bad door)

...........................................

The police looked for an injured person? If that was the case, they don't look "under a matress". The sensibleness of the search is where they lose in this instance. They used what the needed to get "inside" but acted like that gave them free reign.

[NAB]

nab you really beleive what your saying? or just casuing desention as per usuall here?? You firmly beleive these people were wronged by police getting a search warrent and seizing 30 weapons( all were not owner registered and most were illegal resricted weapons) plus the fact the two people charged are known crimminals with records.Hmm I sure would not want to like in a world that was controlled by the NAB,S

You must be reading a different article than the one I am, and that you linked in your OP. I saw nothing about 30 weapons nor their individual status, nor about the weapons being found AFTER getting a proper search warrant. Not even any indication that the police knew before hand who was in the suite at the time or their criminal record if one even existed.

Whether we agree with it or not, criminals with or without records have the same rights as everyone else, and I certainly wouldn't want to live in a world (society) which gives the police powers of uncontrolled search and seizure such as you appear to want them to have - even for something as simple and common sense as finding a body and going through the pockets and removing a wallet.

Nab

[ticat900]

You must be reading a different article than the one I am, and that you linked in your OP. I saw nothing about 30 weapons nor their individual status, nor about the weapons being found AFTER getting a proper search warrant. Not even any indication that the police knew before hand who was in the suite at the time or their criminal record if one even existed.

Whether we agree with it or not, criminals with or without records have the same rights as everyone else, and I certainly wouldn't want to live in a world (society) which gives the police powers of uncontrolled search and seizure such as you appear to want them to have - even for something as simple and common sense as finding a body and going through the pockets and removing a wallet.

Nab[/quote]

LOOK
They never searched without a warrent.They got a legal warrent and were let into the house by the (mother)owner .Cops went into the basement and found the weapons.Sorry my bad on the count I should have THIRTY weapons Charges Not one not two THIRTY.They are crimminals you know and I know they are bad a$$ crimminals
(EG)Ryan was wounded in a gangland shooting at an Oak Street restaurant in Vancouver on Dec. 12, 2010.

[GordonH]

ticat900 you may what read the following pay special attention to #12.
http://www.provincialcourt.bc.ca/judgme ... 2_0078.htm

[Amarow121]

I'm sorry but telling officers that they need to FOLLOW THE LAW while conducting their job is not unreasonable.
This was a correct judgement on the judges part.

Officers need to follow the law.

[ticat900]

I'm sorry but telling officers that they need to FOLLOW THE LAW while conducting their job is not unreasonable.
This was a correct judgement on the judges part.

Officers need to follow the law.

as long as people like you and that *bleep* judge continue to protect these scumbags the world will always have crimminals

[ticat900]

ticat900 you may what read the following pay special attention to #12.
http://www.provincialcourt.bc.ca/judgme ... 2_0078.htm

interesting reading but they did get a warrent for seizure.Your arguing for these scum bags does the people of this province no good at all.
these are very very bad people and need to be put in jail
I amnot a cop lover but in this case this judge is wrong and the cops had every right to do exactly as they did and i would exspect no less