Another acquittal for Tessmer Law client.

Judge Klinger ruled in a grow op case that all evidence had to be excluded, and the defendant was therefore acquitted.

What happened you ask……

The judge ruled in R v Mitchell that the police violated his rights to privacy by searching his house outside of Kelowna in the Ellison area, the warrant authorized a search in Kelowna. The police also failed to serve the warrant on him as required by the criminal code, the police trespassed on his property while taking a FLIR (forward looking infrared ) image (this picks up a heat signature from the house) . In addition the police searched for a hydro bypass as well, when the warrant didn’t authorize it!! All evidence was therefore excluded.

In addition the federal government had taken steps to have his house forfeited if he was convicted, so he was a very happy man in the end. Home run for Tessmer Law

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s