Marijuana production charges may start with a targeted investigation by police. Grow operation investigations, however, often begin with a neighbour or a visitor reporting something that they believe is an indication of illegal activity. Unusual smells or permanently concealed windows are often a sign. Excessive electrical consumption may be noticed. Police can obtain BC Hydro records which may indicate unusual power spikes, caused by the installation of marijuana growing equipment.
To obtain a valid search warrant, police must provide true and accurate information to a justice. In some cases, police may overstate or embellish their grounds to search. Where a search warrant is issued in these circumstances, the search will be unlawful as it infringes the privacy rights of the accused. In such cases we will apply to the Court to have all unlawfully obtained evidence ruled inadmissible.
At Mines & Company, we have more than 20 years of experience. Our lawyers' backgrounds include Crown prosecution work, so we understand how the other side conducts investigations and uses information in grow operation cases. We know how to defend against these and all drug charges.
In one of our recent successes (R. v. D.F. in Vancouver Provincial Court), our client was charged with production of marijuana for growing approximately 250 plants. At issue was whether the police search was legal. After reviewing our case, the Crown granted a stay of proceedings. No criminal record.
Was the Search Warrant Legal?
When information is provided by witnesses or police there are specific steps needed to obtain a valid search warrant. Where misleading or inaccurate information is presented to the justice to get a search warrant, we will defend our client's Charter right to be free from an unreasonable search. We will apply to the court to have the search warrant set aside and all unlawfully obtained evidence excluded from the trial.
Start With a Free Initial Consultation
To schedule a free initial consultation with one of our Vancouver lawyers handling marijuana grow house cases, call 604-688-1460 or contact us via e-mail. We offer 24-hour emergency service.