Winnipeg police didn't breach a man's charter rights when they went to check on his emotional well-being and found a marijuana grow operation inside his home.
Ryan Tereck tried to fight his drug conviction on the grounds police had no right busting into his home and seizing about 300 pot plans found inside.
The Manitoba Court of Appeal disagrees, ruling this week police were only looking out for his best interests and can't be faulted for stumbling across a crime in the process.
The unusual case dates back to April 2005, when Tereck apparently told his psychiatrist in a letter he planned to shoot and kill himself. The information was passed on to Tereck's father, who called police. He told officers his son seemed "agitated" during their last conversation and he was concerned he may follow through with his suicide threat.
Police went to Tereck's home and had to break the door down when nobody answered. They found him sitting inside and quickly took him into custody for his own protection.
Police then conducted what's called a "sweep search" of his home to check whether there were any other people or weapons around. That's when they came across the grow operation.
Normally, police must obtain a warrant in order to make a seizure of this kind. But there are allowances in law for special circumstances where public safety is deemed to be at risk.
Appeal Court Justice Michel Monnin said it would have been a "dereliction of their duty or plain negligence" if police had left Tereck's home without ensuring a loaded gun or other weapon might not be laying around for future use by him.
www.mikeoncrime.com
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