Judge quashes case against man found with 500 pot plants because his rights were violated

Judge quashes case against man found with 500 pot plants because his rights were violated

The case against a man charged after 500 marijuana plants were found in a Gibsons home has been dismissed after a judge ruled that RCMP violated the accused’s rights, The Vancouver Province reports.

In May 2009, Van Dang Truong was charged with production of marijuana and possession of marijuana for the purposes of trafficking.

RCMP executed a search warrant on a two-storey house with an attached garage and found more than 500 marijuana plants along with fans, lights and other equipment common to grow-ops.

Truong was arrested near a bathroom on the upper floor of the home.

At trial, the accused made a number of Charter challenges, including that his right to be secure from reasonable search and seizure had been breached and that the warrant was invalid. 

  • Here is a link to the full judgment: http://www.courts.gov.bc.ca/jdb-txt/SC/11/14/2011BCSC1483.htm