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Police Report from January’s Bust

By Hempology | March 11, 2002

This is the police report as written and submitted to the courts by
the police officer who initiated the intial raid on Ted’s Books on
January the 3rd, 2002: Constable R. O’Neill of the Victoria Police
Department.

Report To Crown Counsel – Narriative
Police Case No. 02-305

Index

Names Of Accused: SMITH, BUDDA, HENRY

EVIDENCE OF 008 O’NEILL – UNIFORMED, BEAT PATROL


Synopsis:

Beat officer obtains information from an untested and unreliable source who
was recently a member of the Vancouver Island Cannabis Buyers Club.
The source relates that Ted’s Bookstore located at 826 Johnson St is involved
in the illegal sale of marihuana and currently has the product laid out
everywhere within the store.

This information is followed up on, and the Beat officer walks into the
bookstore to investigate. Upon untering, the Beat officer sees a male cutting
up a small amount of marihuana at an office desk. The owner of the store
presents himself and explains how the Organization works. The Beat officer
demands to have everyone in store out in full view where he can see them for
officer safety reasons. It appears that one male, in an adjoining office
does not hear the request. The Beat officer is alone in the store with five
possible suspects, and due to officer safety reasons enters the open
door of the office in order to remove the male. Upon entering the office the
Beat officer sees the male on the computer as well as several jars of
marihuana which are directly in front of him. This male is removed from
the office, and cover officers arrive to assist with the investigation.

As a result of a consent search obtained from the owner Smith, the computer
office as well as the rest of the store are searched for evidence. As a
result of the search the Beat officer locates and seizes a large amount of
marihuana as well as corroborating evidence. Charges of Possession for the
Purpose and Possession are requested against Smith, Budda, and Henry.


Circumstances:

On 02-01-03 at approximately 1125 hrs the u/s was walking westbound on the
south side of the 600 Johnson when he was approached by an unknown male who
identified himself to the u/s. He explained to the u/s that he had been
arrested for a criminal offence back in the summer and wanted to speak to
the u/s in private. This individual who is an untested, unreliable source
advised that he was a member of the Vancouver Island Cannabis Buyers Club,
producing a green and white membership card in that name. The source
further advised that he had just come from what he called “Ted’s Book Store”
which is located at 826 Johnson Street. The u/s was not aware of the history
of the bookstore or of the Vancouver Island Cannabis Buyers Club, so the
u/s asked several clarifying questions.

The source advised that he had just come from there and there was currently
a large amount of marijuana “in the pounds” in the open area of the store.
The source, in explaining this, definately appeared angry and stated that
he wanted the bookstore to be busted and furthermore wished to be there when
the place got hit by the police. The source seemed impatient, probably
because of the number of questions that the u/s asked and because of the
unwillingness to act on the information immediately. The source then went
on to explain that he would be more than happy to show him exactly where the
store was and actually walk the u/s inside to show him the marijuana. The u/s
had no problem with the source showing the u/s the store, but further
explained to him that he didn’t want the source to be in the store when he
went in to speak with the employees. The u/s felt that it was rather odd that
having been a Beat officer for the past 6 months that no information had
been received regarding the existence of the store selling marihuana or the
existence of the “Club”. The u/s felt that some effort should be made to
investigate this incident and attended with the source at approximately 1136
hrs to 826 Johsnson Street, which was the location of Ted’s bookstore.

The u/s left the sourc eoutside the front door and walked into the store.
The front door was unlocked and it appeared upon entry to be a small scale
bookstore openf or business with approximately four individuals inside. The
u/s observed a male who was later identified as Henry, sitting at an open
desk in the middle of the bookstore. The u/s immediately appeared to have
caught Henry off guard as he was busy cutting with scissors a small amount
of marihuana consistent with a dime bag on the top of a pullout section of
the desk. The u/s observed several rolled tobacco papers in the vicinity
of the marijuana that Henry was cutting up, and was convinced that Henry
was attempting to cut up and then roll himself what is known on the street
as a joint. Henry appeared very surprised and immediately got up from the
chair and stated that he was sorry. The u/s seized the marihuana and
tobacco papers as evidence and placed them in a clear plastic bag.

A male, unknown to the u/s, identified himself as Leon SMITH but went on to
explain that he preferred to be called Ted and that he was the owner of Ted’s
bookstore. SMITH, aka “Ted”, explained that the store was also the
“Vancouver Island Cannabis Buyers Club” and that it sold “medicinal” marijuana
to people with medical problems. SMTIH handed over an example of a letter
that they had received from Henry indicating that he had medical problems.
This official looking letter appeared to have come from Henry’s doctor which
explained that he suffered from medical problems. The u/s had a quick read
through but made a mental note that the letter did not however mention
marihuana as a plausible form of treatment. The u/s looking further into the
situation asked SMITH “Are you authorized to sell marijuana”? The answer
to this from SMITH was “No, but we are waiting for authorization from the
Government”. The u/s then stated, “okay, everybody here is under investigation
for possession and possession for the purpose of trafficking” and Mr. SMITH,
looking quite shocked, stated that he understood and nodded his head yes.

In speaking with SMITH, the u/s noticed, that a male in an adjoining office
to the main bookstore was sitting behind a computer and the u/s could see
through a small office window that this individual was doing some kind of
work and making movements in the office. The u/s, in a loud clear voice,
asked the unknown male in the office, later identified as BUDDA to step
out into the main store area. The u/s made note that the office door was
open and that the male was approximately 15 feet away, and that unless
he suffered from hearing impairment should have heard the command to
walk out of the office. It did not appear that the male was making any
attempts to move out of the office and so due to officer safety reasons
the u/s walked through the open door, turned to his left, approximately
90 degrees and asked the male from behind the desk to come out into the
main area. The male looked up and immediately complied by getting up
off the seat and walking towards the main area of the store. The u/s,
in seeing ht emale behind the desk, noted two important items. The u/s
first noticed a large baseball bat, which was leaning at an angle behind
the male in the office chair. The second item that the u/s noticed were
several clear jars, approximately 12 to 15, filled with what appeared to
be marihuana. These jars were directly in front of BUDDA on the desk
beside the computer which he was busy using. These jars were approximately
2 feet in front of the bace of BUDDA when the u/s entered to have him
removed from the office. It was also clear that the office smelled
extremely strong of marihuana. The u/s made no effort to grab the
baseball bat or marijuana, keeping in mind officer safety was paramount
at the time. Upon removing BUDDA from the office the u/s immediately called
for cover and several units attended to assist. Through conversation with
SMITH it became very clear that not only was he perfectly cooperative
there did not appear to be any overt effort to hide from prosecution. It
was SMITH’s point throughout conversation that he truly did not believe
that what he was doing was wrong and fully admitted that he did not have
authorization to be carrying out this business but stated that he was
looking for direction from the government so that he could carry out this
form of enterprise. The u/s, unlike many other occasions with dealing
with druck traffickers or users, was impressed with the high level of
co-operation exhibited by SMITH and several of the other individuals
within this store. While waiting for units to arrive, Smith calmly asked
if he could place a call to his lawyer. The u/s stated to SMITH that
there would be no problem in placing the call. SMITH after approximately
40 seconds hung up the phone and advised to the other employees in the
store that his lawyer was away on Vacation. Police units arrived including
two Beat officers Ashwell and Henly. They were advised to watch the five
occupants in the store so that the u/s could have a word with the Sergeant
in charge of Patrol. The u/s was outside for approximately 10 minutes before
re-entering to speak with SMITH.


S. 10(a)(b) CHARTER RIGHTS GIVEN TO SMITH

At approximately 12:11 hrs the u/s re-entered Ted’s Books in order to
speak with Smith regarding Charter rights and the intent of police to
search for evidence. Smith was advised that his bookstore would be
part of an ongoing investigation and that police would not be placing
anyone within the premise under arrest until the circumstances could
be related to Crown for approval. Due to the political nature of
“medicinal” marihuana as well as cotnroversy over legalization of
marihuana, it was related by the u/s that it would serve no useful purpose
to arrest the occupants who were in the store at that time. Smith and
others in the store were relieved that no one was to be arrested, until
charges were approved by Crown.

The u/s then advised Smith that regardless, he was obligated to advise him
of his Charter rights. The u/s then had the following conversation with
Smith:

008 “Right now you are under investigation for Trafficking and
Possession for the Purpose of Trafficking.”

008 “You also have a right to speak with a lawyer, including
legal aid.” (This was the second time that Smith was advised that he
could call his lawyer.) (Smith asked if he could phone his lawyer earlier
and was granted a call, which was made at that time)

008 “Did you get ahold of your lawyer?”

Smith “I tried but he’s away”

008 “OK, do you wish to contact any other lawyer?”

Smith “Ah, no, I want my lawyer.”

008 “So does that mean that you are comfortable contacting
your lawyer later then?”

Smith “Yes”

008 “Do you understand the charges, I just mentioned that
I’m investigating you for?”

Smith “Ah, yes”


CONSENT SEARCH ON TED’S BOOKSTORE

The u/s then advised that as part of any investigation, he as an investigating
officer, was required to obtain any evidence at the scene. The u/s stated to
Smith that when he went into the office to remove BUDDA he noted that
he observed several glass jars containing marihuana. The u/s related to Smith
that there were two choices to be made. Choice number one was to obtain a
Search Warrant, which would take a minimum of two hours to obtain along with
the occupants being removed and the bookstore being secured. Choice number
two was that the occupants could continue to stay within the premise and a
search could be carried out with the consent of him, and that if he wished
he could assist with the removal and search for evidence. This choice was
entirely up to him, but it was mentioned that either way it would lead to
the removal of the evidence. All the evidence obtained would be put before
Crown who would determine whether to proceed with Criminal charges or not.
The u/s stated that in the event that charges were not laid that he could
apply to have the property returned to him. It is important to note that
the u/s in speaking with other police members that Criminal charges were
dropped in a similar case where a warrant had been executed on SMITH. The
u/s then had the following conversation with Smith:

008 “You do not have to allow the search, but if you do allow us
to do a Consent search any evidence we find can be used against as far as
Criminal Charges, as well as for court purposes.” “Do you understand this?”

Smith “Yes”

008 “What would you like to do?”

Smith “Well, what kind of stuff would you be taking?”

008 “We’ll need to take the marihuana I saw in the office, records,
and any money you may have.”

Smith “What kind of records?”

008 “A list of all your members”

Smith “Ok, its right here” (Smith walks to a desk and picks up a wire
binder full of names.) “Do you need the original?”

008 “Yes”

Smith “Can we make a copy of it for us”

008 “I guess I could do that for you” “Do you have a photocopy machine”

Smith No

008 “OK, I’ll tell you what, after this we can go back to the
station and make a copy for you.”

Smith “Ok great”

008 “So are we clear, that your comfortable doing this search?”

Smith “Yes”


INFORMED CONSENT:


The u/s observed that during his dealings with SMITH that he appeared to
be well spoken and above average in intelligence. Furthermore SMITH exhibited
a superior knowledge of Criminal Law especially in laws pertaining to the
cultivation and sale of marihuana. Having been previously arrested for similar
behaviour as well as for the sale of marihuana cookies SMITH did not appear
ignorant to the current situation. It became very clear that SMITH was
informed and did not appear to have anything to hide about how the organization
worked.


SEARCH OF TED’S BOOKSTORE

On 02-01-03 at approximately 12:20 hrs SMITH was asked if he had anything
that could be used to store the evidence items in. SMITH provided two boxes
and attended to the computer officer, explained above, where BUDDA was
originally remove.d The u/s stood by while SMITH removed such items as a
large quantity of marihuana cookies, and large and small sealable bags of
marijuana and money from the right side of the computer desk. It appeared
that SMITH was aware of where most of the items were and fully co-coperated
in removing the items carefully and placing them in the boxes that he had
provided. In addition to this SMITH, allowed the u/s to go to the other side
of the desk which be believed to be empty, to remove other items, such as,
seeds and further amounts of marijuana which were sealed in clear plastic
bags. The u/s noticed that there was a large price list against the south
wall, which indicated the amount payable for items such as cookies and
marijuana. The computer SMITH and BUDDA, explained, was basically used for
book keeping and to keep track of anyone who had any outstanding IOU’s. SMITH
did explain that some individuals did owe money to the Vancouver Island
Cannabis Buyers Club but that they had more often than not tried to make
sure that everythung was up to date and that any outstanding debts had been
paid.

Cst. ASHWELL, assisting the u/s, took photographs of the office as well as the
computer screen indicating that this as well as several other items within the
store.

(see copies of digital photographs which indicated evidence of possession
for the purpose of trafficking and trafficking)

The u/s seized the following items as exhibits:


EXHIBIT CHART

Due to large amount of marihuana seized, the a/m list refers to the
exhibits which were randomly selected, and from which samples were
taken and placed in corresponding H# envelopes. In total 14 H#
envelopes were sent in as drug exhibits and their corresponding numbers
can be viewed on the attached Exhibit Flow Chart. The full bulk amount
of the marijuana excluding the weights of the jars was weighed in at
1.6kb or 3.4lbs.

(see attached photographs of the full seizure which were taken at
Headquarters)


ACCUSED’S BACKGROUND


  1. SMITH: is currently accused of possession of marijuana for the
    possession of trafficking with a no go to the campus and ground of the
    University of Victoria. This was entered by Saanich Police. At the
    time of arrest SMITH appeared to be sober from drugs and alcohol and
    to date SMITH has no criminal record.

Cst. R. O’NEILL, #008

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