Illegal search voids gun charges

A Vancouver police search of a Yaletown apartment that resulted in the seizure of an illegal AK-47, two Ruger guns, a silencer and ammunition violated the charter rights of the condo resident, a B.C. Supreme Court judge ruled.

Justice Heather MacNaughton acquitted Michael John French of several firearms charges after she ruled the guns could not be used as evidence because the police initially searched his 16th-floor unit in May 2014 without a warrant.

The Crown argued police had exigent circumstances to go into French’s suite at 1199 Seymour St. because of a call from a neighbour that French assaulted someone. Officers had also been told French was suicidal and sent disturbing text messages to friends.

But MacNaughton noted in her May 16 ruling that French co-operated with police and complied with their request to exit the suite. No officers asked his permission to go inside.

“There was no objective basis for a concern that there was a victim of an assault in the suite. There was also no objective basis to believe that there was a possible assailant in the suite who would present a risk to them,” MacNaughton said.

After an initial walk-through, the officers found a live round for a .233 calibre firearm on the kitchen floor. They went back in a second time and looked for a gun.

One officer testified that when he searched a closet, “he found a pistol, two magazines loaded with ammunition, and a threaded suppressor, or silencer, which appeared to fit the threaded end of the pistol.”

At that point police placed French under arrest, locked down the suite and went to obtain a search warrant.

They came back the following evening around 10:30 p.m. with the warrant and found the AK-47 and another rifle, plus oversized magazines and ammunition.

MacNaughton said she had no choice but to disallow the firearms into evidence.

Police would not have been able to get a search warrant without the information obtained during the improper search, she said.

She also ruled police violated French’s rights when they handcuffed him in the hallway after he complied with their request to come out of the apartment.