Police search home of suspected drug dealer, leave drugs and gun untouched
Legality of move questioned
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Police in Kuopio investigating dealings in illegal drugs have conducted two clandestine house searches. Although they found a quantity of illegal drugs and an unregistered weapon, they left the articles in the apartment.
The police made no arrests, and allowed the drugs to be sold on the black market. The illegal shotgun also remained in the possession of the suspect, who had just been released after serving a long jail sentence for manslaughter. Police say that they do not know where the gun is now.
The activities of the drug dealers continued for several months after the search. During that time at least one person died of an overdose from drugs supplied by the organisation.
The police say that they deliberately chose the risky tactic, hoping to uncover more about a criminal gang which was operating in the area. They felt that an early arrest would have hampered further investigations.
In 2002-2003, police in Kuopio were investigating the activities of a gang that was distributing amphetamine, the synthetic narcotic Subutex, and other illegal substances in the Savo region. A number of suspects were later arrested and convicted in Kuopio District Court. The case is now before the Court of Appeal of Eastern Finland.
Legal experts have questioned the legality of the police activities in the case.
Professor Dan Frände of the University of Helsinki says that the decisions made by the police border on malfeasance.
"As far as the drugs are concerned, the situation is a bit iffy, but I am especially sceptical about leaving the shotgun in the apartment", Frände says.
Another expert, Dr. Johanna Niemi-Kiesiläinen of the University of Helsinki, is shocked by the clandestine house search. She points out that Finnish law requires that the resident of a home be allowed to be present when a search is conducted. If this is not possible, the resident must be "notified without delay" that the search has taken place.
In the Kuopio case, the notification did not come until four months after the search.
Niemi-Kiesiläinen feels that Finland’s rules governing house searches are unusually lax.
"I feel that it is problematic that a decision on a house search is made completely within the police force, even though it is a considerable intrusion into privacy. I feel that it would be appropriate for the decision to be made by a court."
She feels that leaving the illegal drugs untouched could be justified, but she questions the decision to leave the illegal gun in the apartment.
"A weapon cannot be left in an apartment simply to keep the house search a secret", she says.
Helsingin Sanomat
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| 31.5.2004 - TODAY |
 Police search home of suspected drug dealer, leave drugs and gun untouched |
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