Dad Busted After Baby Son Calls 911

[Bruce Monkhouse]

Not much to say about this except 

http://www.vancouversun.com/news/White+Rock+busted+after+baby+calls/1199348/story.html

METRO VANCOUVER -- A baby boy playing with his dad’s telephone accidentally called 911, which led police to their house — and a 500-plant marijuana-growing operation.

Police said Tuesday the incident happened at about 11 a.m. Friday in the 14800 block of Goggs Avenue in White Rock.
When White Rock RCMP officers arrived at the rental house, they found the 11-month-old child fiddling with the phone while his 29-year-old dad sat watching television.
“He was surprised to see us,” Const. Janelle Canning said.

The 911 call was a hang-up call and police had heard no voices. The dad, whose name has not been released, protested that he hadn’t called 911 and his son didn’t know how to use the phone.
Nevertheless, police checked the place out because of the amount of condensation on the house’s windows and found the pot-growing operation in a locked room.

The dad was then arrested and was expected to appear in court in early April on charges of mischief and production of a controlled substance. The child, who Canning described as being a “very cute little boy,” was picked up by Ministry of Children and Family Development workers and released into his mom’s custody.
She is separated from his father and didn’t live at the house. “The mother claimed she had no idea what was going on,” Canning said.
“The ministry will continue their investigation to ensure ongoing protection of this child,” she added.

Police are especially concerned when children are living in houses used to grow pot. In this case, Canning noted, the child had no access to the locked room. But condensation, which encourages mould growth and the presence of spores in the air, is a health concern. So is the risk of fire from illegal hydro bypasses, though police didn’t find a bypass in this particular case. There’s also the risk of being targeted for a “grow rip,” or robbery.
“There’s a whole multitude of problems with having a grow-operation,” Canning said. “That’s why the ministry was called immediately.”

Canning recalled a case in South Surrey about two years ago when a newborn baby was taken into protective custody after police found the child in a house containing a pot-growing operation.

 

[helpup]

I caught part of that this morning on the radio.  That is hilarious, can you say KARMA.  Now I just wonder if a judge is going to throw it out as unreasonable grounds to enter a house. 

 

[Bruce Monkhouse]

I doubt that one.................once those 3 magical numbers are hit the police WILL be having a look around.

It could have come from a now bound and gagged wife shoved in that locked room.

Now, I have every confidence in our judges that one will find another reason for him to walk though..........

 

[helpup]

Now, I have every confidence in our judges that one will find another reason for him to walk though..........
[/quote]

I hear your reasoning, but have learned to never underestimate the power of people to be stupid.  Especially in the law and order department.

 

[Harley Sailor]

It will all come down to the reason they used to enter the house.  My house gets filled with condensation after a hot shower.  That is no reason to let them in the house.  Now if they used the "The call could have come from a now bound and gagged wife" then they may get the search to stick.

When my cell dialed 911 by mistake all the did was call me back to see if everything was ok. Yes, I got a call saying 911 was dialed from my cell and it was in my pocket all the time.

 

[vonGarvin]

OK, Law and Order fans, settle down.  The police are called to a residence because of a 911 call.  They get there, and they "claim" that they didn't call: it must have been the toddler.  OK, sir, have a nice day, and sorry to both you, say the police.  I'm sorry, they had reasonable grounds. 

As for Mr. Dope Plant operation, let us not forget that it is still illegal to grow pot.  If convicted, well, then I will be safe in saying that he broke the law.  Until then, I see no reason for the police to not search a residence from which a 911 call is received.  Bound wife or not!

 

[Journeyman]

I don't get it. Why go to all the trouble to tie up a woman, if you're just going to leave her in a closet?

(Are we sufficiently off topic yet?    )

 

[Bruce Monkhouse]

It will all come down to the reason they used to enter the house.  My house gets filled with condensation after a hot shower.  That is no reason to let them in the house. 

The reason is SOMEONE in that house dialed 911.....no other reason is required.[ unless I have been hearing/listening wrong ]

When my cell dialed 911 by mistake all the did was call me back to see if everything was ok. Yes, I got a call saying 911 was dialed from my cell and it was in my pocket all the time.

There was a reason you got "called back"............

 

[Redeye]

I can't see this being a successful prosecution.  Condensation on the windows as reasonable and probable grounds for a search, even with a 911 call, seems pretty far fetched to me.  That said, I'm not a lawyer and haven't ever played one on TV.

 

[Bruce Monkhouse]

I'm sure the "condensation" issue was the only part used by the Canadian Press because it sounded/ read better than "suspect acted suspicious".


  http://www.golishlaw.com/crimlawt/dealpoli.htm

When the police come to your house:    The police cannot enter your home to arrest you or to conduct a search unless

       1. they have a warrant;
       2. you give them permission, or
       3. it is an emergency (exigent circumstances).

    Therefore, ask the police if they have a warrant and ask to see it.  Should the police request permission to enter your home when they do not have a warrant, they may take silence as a consent, so make your intentions clear.  You can later ask them to leave provided they don't have a warrant and they haven't a basis for arresting you.  If the police feel an emergency exists, they will enter the home anyway.

    According to the Criminal Code, exigent circumstances include circumstances in which the peace officer

        (a) has reasonable grounds to suspect that entry into the dwelling-house is necessary to prevent imminent bodily harm or death to any person; or

        (b) has reasonable grounds to believe that evidence relating to the commission of an indictable offence is present in the dwelling-house and that entry into the dwelling-house is necessary to prevent the imminent loss or imminent destruction of the evidence.

    Keep in the mind that a disturbance in your home may be considered an emergency or the police may be justified in entering your home simply based on a 911 call.

 

[helpup]

My comment on wondering if he will get off was originally meant tongue in cheek in a sardonic frame of mind.  We have all heard of real evidence not upheld in court's today for various serious or imagined reasons.  My own views are if your guilty I don't care how you were caught.  But I am not a lawyer, judge, nor have I served on a jury.  Having said that.

Cops come to his house.  " We had a 911 call from this house is everything OK?"
owner. " ummm sure it is just me and my kid at home, I didn't call and he is only 1 1/2 years old"
Cops " do you think your Son might of done the call? and do you mind if we come in just to make sure everything is OK" ( personally I think the condensation on the windows was a after the fact addition)
Owner ( thinking if he says no then they may get suspicious ) " ummm sure I guess that would be alright come on in" ( If there was two LEO's there one would stay and chat up the dad the other does the nosey neighbor routine, while the owner now realizes he cant say much just hope they don't look downstairs
Cops, ( find the phone on the hook upstairs asks ) " any other phones here"
Owner "downstairs............... duoh!!"
Cop's ( finding a phone off the hook downstairs by a sea of hydroponic lights and plants) " Your not having a good day are you "


The preceding is from my own fertile imagination and may only resemble reality as I don't underestimate the power of people to be stupid.

 

[vonGarvin]

I don't get it. Why go to all the trouble to tie up a woman, if you're just going to leave her in a closet?

(Are we sufficiently off topic yet?    )

(Nope, not yet.  We haven't compared the police in the story to the Gestapo!)

 

[Harley Sailor]

I don't get it. Why go to all the trouble to tie up a woman, if you're just going to leave her in a closet?

(Are we sufficiently off topic yet?    )

Did not your mother teach you to put your toys away when you are finished playing with them?

 

[CountDC]

Did not your mother teach you to put your toys away when you are finished playing with them?

but who would ever be done playing with it .....

 

[geo]

but who would ever be done playing with it .....

This tells me that your folks only ever gave you one toy to play with - at any one given time.

How is the falla supposed to multi-task ???

 

[Harley Sailor]

but who would ever be done playing with it .....

Sometimes I just have to put my toys away so I can get some work done.  You know, like gardening.  ;D

 

[Freight_Train]

If there is a dropped 911 call police can enter the residence in exigent circumstances, (including locked rooms) this is also backed up by case law, in particular:
R. v. Godoy, 1999 CanLII 709 (S.C.C.). The police have common law power to enter but only insofar as is necessary to determine if someone is in danger or distress; once that issue is determined, the common law authority to enter ends and the police must leave (or address the issue as presented). As the Supreme Court noted in Goday, “the intrusion must be limited to the protection of life and safety … [The police] do not have permission to search premises or otherwise intrude on a resident’s privacy or property”.
Now if police see something while in there, they can arrest, withdraw and write up a search warrant as they now have reasonable and probable grounds.

 

[Bass ackwards]

When my cell dialed 911 by mistake all the did was call me back to see if everything was ok. Yes, I got a call saying 911 was dialed from my cell and it was in my pocket all the time.

I spent 8 years in the business (communications, not pot growing!) and can tell you that battery-operated phones are notorious for dialing 911 all on their own. Especially if the phone has 911 preprogrammed into it.
If we had an address come up and no response on the call back, the policy in my little slice of heaven was to send police (+ backup) an ambulance and the fire department. I'm sure you can imagine the potential problems that come with having to do that several times a day.
An experienced operator generally knows when it's a cordless, a cell phone or a kid screwing around and they use their common sense and judgement.
Which is all fine until the one time that that reasonable-sounding , apologetic person turns out to be another Paul Bernardo.
("I was using my common sense and judgement in lieu of policy" generally doesn't work well in the ensuing inquiry...)