METH-LAB CHARGES THROWN OUT AGAINST PAIR

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METH-LAB CHARGES THROWN OUT AGAINST PAIR


Charges against two people accused of operating a crystal-meth lab out of their Mission home have been dropped because police violated their rights when they entered the home without a search warrant.


Doris Kathleen Westrageer and Donald Thomas Wisser were charg-ed with production of methamphetamine and possession of methamphetamine for trafficking after their home was searched on Nov. 8, 2002.


A child-protection worker told police she had received information from a confidential source that a family with kids was living in the upstairs rooms while a drug lab was operating in the basement.


The worker, an employee of the Children and Families Ministry, asked police if they could obtain a search warrant but was advised there were insufficient grounds.


The worker then told police she would visit the home due to a concern over the safety of the children and police decided to accompany her out of a concern for her safety.


Outside the home there was a strong chemical smell. Police spoke to two residents before entering the basement suite without a warrant.


Police found evidence of a drug lab and charged Westrageer and Wisser, but the pair claimed their Charter rights against unreasonable search and seizure had been violated.


B.C. Supreme Court Justice Brian Joyce said an officer entered the premises without any reasonable basis for believing he had authority to do so. He said the trafficking of crystal meth is a "very serious concern" but added: "Notwithstanding that, I am of the opinion that given the very serious nature of the breach and the absence of good faith, the reputation of the administration of justice would suffer more by the admission of the evidence than by its exclusion."


The judge ruled the evidence gathered by police was inadmissible.


Because the evidence was critical to the Crown's case, the charges were dismissed.