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The ability of police forces to use infrared cameras to spot marijuana grow
operations is being tested before a B.C. Supreme Court judge.
A special constable with the Kelowna RCMP gave the court a demonstration
Thursday of how police use Forward Looking Infrared (FLIR) cameras to see
"hot spots" on the roofs of homes.
Special Const. Paul Koovisk said the cameras can see these tell-tale signs
of the immense heat being created by 1,000 watt lights used to grow
marijuana indoors as it's vented outdoors.
It's expected that the case of Lawrence Federink could be a defining case
before the courts on the subject.
He is charged with growing and possessing a significant amount of marijuana
for the purpose of trafficking and theft of electricity to power the lights.
The FLIR helped form a search warrant for police to enter the home and
dismantle a grow operation.
Federink's lawyer Kelly Christiansen, is arguing that using an infrared
camera attached to a helicopter is an unreasonable search by the police,
subject to protection of the charter.
The Ontario Court of Appeal recently ruled that police cannot use the
cameras without a search warrant.
But other court rulings, mostly in B.C., have found there is no expectation
of privacy from the heat being emitted from a home.
Koovisk showed Justice Robert Metzger exactly how the cameras work. They
detect surface heat only and cannot depict images like a typical camera. It
cannot "see" inside windows or through walls.
On this occasion, during a blitz of Lake Country marijuana growers in 2001,
Koovisk used the camera through the RCMP helicopter to scan some half-dozen
homes in the area to confirm the presence of grow operations.
The still images from the camera show mostly darkness but for a bright
light in the vague shape of a roof.
Koovisk said the power line to the home was also visible because it was
supplying so much more electricity to the home compared to other homes in
the neighbourhood.
He agreed with Christiansen that the camera could accidentally pick up
legitimate heat emissions such as a hot tub or a pottery kiln, but only
under certain conditions.
The bulk of the trial has completed but arguments in the case had to be
delayed due to a lack of court time.
Source: Kelowna Capital News (CN BC)
Pubdate: June 20, 2003
Contact edit@kelownacapnews.com
Website: Kelowna News - Kelowna Capital News
Address: 2495 Enterprise Way, Kelowna, British Columbia V1X 7K2
Fax: (250) 763-8469
Copyright: 2003, West Partners Publishing Ltd.
Webpage:
Martin Short strips down at environmental comedy benefit - Kelowna Capital News
Author: Marshall Jones
operations is being tested before a B.C. Supreme Court judge.
A special constable with the Kelowna RCMP gave the court a demonstration
Thursday of how police use Forward Looking Infrared (FLIR) cameras to see
"hot spots" on the roofs of homes.
Special Const. Paul Koovisk said the cameras can see these tell-tale signs
of the immense heat being created by 1,000 watt lights used to grow
marijuana indoors as it's vented outdoors.
It's expected that the case of Lawrence Federink could be a defining case
before the courts on the subject.
He is charged with growing and possessing a significant amount of marijuana
for the purpose of trafficking and theft of electricity to power the lights.
The FLIR helped form a search warrant for police to enter the home and
dismantle a grow operation.
Federink's lawyer Kelly Christiansen, is arguing that using an infrared
camera attached to a helicopter is an unreasonable search by the police,
subject to protection of the charter.
The Ontario Court of Appeal recently ruled that police cannot use the
cameras without a search warrant.
But other court rulings, mostly in B.C., have found there is no expectation
of privacy from the heat being emitted from a home.
Koovisk showed Justice Robert Metzger exactly how the cameras work. They
detect surface heat only and cannot depict images like a typical camera. It
cannot "see" inside windows or through walls.
On this occasion, during a blitz of Lake Country marijuana growers in 2001,
Koovisk used the camera through the RCMP helicopter to scan some half-dozen
homes in the area to confirm the presence of grow operations.
The still images from the camera show mostly darkness but for a bright
light in the vague shape of a roof.
Koovisk said the power line to the home was also visible because it was
supplying so much more electricity to the home compared to other homes in
the neighbourhood.
He agreed with Christiansen that the camera could accidentally pick up
legitimate heat emissions such as a hot tub or a pottery kiln, but only
under certain conditions.
The bulk of the trial has completed but arguments in the case had to be
delayed due to a lack of court time.
Source: Kelowna Capital News (CN BC)
Pubdate: June 20, 2003
Contact edit@kelownacapnews.com
Website: Kelowna News - Kelowna Capital News
Address: 2495 Enterprise Way, Kelowna, British Columbia V1X 7K2
Fax: (250) 763-8469
Copyright: 2003, West Partners Publishing Ltd.
Webpage:
Martin Short strips down at environmental comedy benefit - Kelowna Capital News
Author: Marshall Jones
