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-   -   NEWS: "Man's home 'invaded' by government search of fish tanks" CBC news (http://www.canreef.com/vbulletin/showthread.php?t=83831)

Reef Pilot 03-06-2012 03:41 PM

In BC, there is little point catching and prosecuting grow-opers. Even if they get a conviction (very hard with current laws and constitution), judges will not give them much if any jail time. Only winners are the lawyers and people in the system, and just adds to our govt costs.

Best they can do is disrupt them, and go after landlords, which they are trying to do.

Lampshade 03-06-2012 04:33 PM

Here's a high profile one from 2010:
http://www.bccla.org/pressreleases/Arkinstall.html

Quote:

The appellants refused to let a team of fire safety inspectors enter their home so long as they insisted on being accompanied by police officers who did not have a warrant. As a result, power to their home was disconnected.
Quote:

D. Summary of Section 8 Analysis

[93] While the impugned inspections in this case are regulatory in nature, they constitute a considerable intrusion into an individual’s reasonable expectation of privacy. While there is a requirement under s. 19.3(1) of the SSA that there be “reasonable grounds” for an inspection, this requirement is not sufficient to render the searches reasonable under s. 8. An administrative warrant is feasible, serves a beneficial function, and should be required. Requiring an administrative warrant in these circumstances protects the individual’s expectation of privacy, and it does so without undermining the public interest in public safety. To obtain an administrative warrant it will be necessary to show that “reasonable grounds” exist to believe that permit conditions, or codes or standards established by regulation, are not being complied with. This Court’s decision in Bichel stands for the narrow proposition that in the regulatory context of a minimally intrusive spot-check search in which a warrant would serve no function, a warrant is not required. Accordingly, Bichel is of limited application on this appeal.
So you can ask for a warrant, but still a PITA because they can get one, and will probably make your life more difficult since you made theirs. Would you hire the happy nice inspector after having to go get a warrant? I had my whole tank inspected when building it in wall.... but I'm sure if you went through any house with a fine tooth comb, even brand new, you could fine something, and would be charged for the inspection either way.

Dyspnea 03-06-2012 07:10 PM

I would have told them too get the warrant, It's unlikely a judge would grant one without further evidence.

Seem like this program targets the law biding rather than criminals, the "professionals" normally illegally bypass the power meters and steal the power so they can't be monitored as easily, and don't have to pay for power.

I wonder how many home farmers, mechanics and wood workers they have tagged as well.

BlueWorldAquatic 03-06-2012 07:32 PM

So basically if you letthem in before a warrent is issued, you may be allowed to only let LE in and not inspectors.

this way you can avoid examination etc costs.

all they want is to make sure you aren't a Grow Op, so refuse the inspectors in at the time you voulenteer your time.

mikebike 03-07-2012 11:09 PM

Hi Folks,
Im mikebike/Mike Baynes from that CBC story

http://tinyurl.com/mikebikeonCBC

I post some information about myself in the photos link.
I thought the video will give you a chance to see me live<G>
and my fishroom.

Mike in South Surrey

lockrookie 03-08-2012 12:13 AM

hey mike welcome to canreef

Jeff_ 03-08-2012 01:10 AM

Looks like Grow op operators are following the trend and switching over to LEDs as well :razz: News from Today


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