Burnt marijuana smell not proof of drug: Canadian court says

[rebgirl420]

A Saskatchewan appeal's court upheld a decision that the smell of burnt marijuana is not evidence of illegal drug possession since by definition the proof has gone up in smoke.


Burnt marijuana smell not proof of drug: Canadian court says


OTTAWA (AFP) - A Saskatchewan appeal's court upheld a decision that the smell of burnt marijuana is not evidence of illegal drug possession since by definition the proof has gone up in smoke, it said Wednesday.

"The smell of burnt marijuana does not reasonably support the inference that additional marijuana is present," the three-judge panel said in newly-released court filings.

Thus, police "did not have reasonable grounds to search" the truck of Archibald Janvier after his roadside arrest in 2004 for narcotics possession, the judges said in maintaining his acquittal.

Police had originally stopped Janvier's truck in La Loche, Saskatchewan, in western Canada, to ticket him for a busted tail light.

At trial, the arresting officer testified he had smelled the "pungent odor of burnt marijuana" coming from inside Janvier's truck, charged him with illegal drug possession, and then searched his vehicle.

The Royal Canadian Mounted Police constable found eight grams of marijuana in Janvier's coat pocket, boot and truck console, but that evidence was thrown out.

Archibald's lawyer Ronald Piche successfully argued the warrantless search and seizure were "unreasonable" because the aroma of burnt marijuana -- as opposed to raw marijuana -- infers that the drug has dissipated.

"How can you say you're in possession of something that doesn't exist," Piche told the daily Saskatoon Star Phoenix.


Burnt marijuana smell not proof of drug: Canadian court - Yahoo! News (http://news.yahoo.com/s/afp/20080213/od_afp/canadacourtnarcoticsoffbeat_080213201019)

And it's one big step for pothead kind :thumbsup:

[MadSativa]

Blahahaha, it just sounds so funny and I think of them with their "mounty me hats" hahaha Canadian Mounted Police hahaha I am soo wasted I read that and I cant get over the "Canadian Mounted Police" hahaha

[rebgirl420]

Haha yeah their as intimidating as those bike police

[MadSativa]

haha ring ring Stop Police!! haha

Thats crazey though even if they smell it they cant do anything if nuthing is found. that sounds like an episode of Trailer Park Boys. I could just hear ricky sayin, "I dont know what the fuk your talkin aboot, we dont have any weed or hash your smelling incens that what your smellin boys".

[Breukelen advocaat]

Reminds me of Dudley Do-Right of the Rocky and Bullwinkle cartoon show.

Paul Lynde hammed it up on an episode of the "60's TV comedy show F Troop as Sergeant Ramsden RCMP, the "Singing Mountie", saying "We always get our man!". :D I have both seasons of that show on DVD's.

[rebgirl420]

^ Oh I used to watch that when I was a kid!


I guess it's just nice to see the government do something decent for once.

[dragonrider]

Well, it works in the favor of all of us pot smokers, so yea! But if you think about it, it's totally stupid. Of course smelling pot smoke is grounds for believing there is pot present. It's a lawyerly trick, and I'm amazed the court went for it. It might have worked this time, but don't count on using it in the future for your own defense, and don't try it with soemone with any amount of common sense, like your mama.

[Reefer Rogue]

Good to know, now that's justice and logic.

[8182KSKUSH]

Well, it works in the favor of all of us pot smokers, so yea! But if you think about it, it's totally stupid. Of course smelling pot smoke is grounds for believing there is pot present. It's a lawyerly trick, and I'm amazed the court went for it. It might have worked this time, but don't count on using it in the future for your own defense, and don't try it with soemone with any amount of common sense, like your mama.

You said it, don't try this on anyone with common sense, I wonder what they were smoking that day?:wtf:

[XXBlaze of DesiréXX]

Hey don't make fun of our mounted police! They are respected authorities! Just kidding lol jk:jointsmile: But don't make fun of them!


keep on tokin:stoned:

[smok3y]

"How can you say you're in possession of something that doesn't exist"

Just another faggot ass cop lookin for some brownie points, but ended up with egg on his face..lol

[Psycho4Bud]

Reminds me of Dudley Do-Right of the Rocky and Bullwinkle cartoon show.

Paul Lynde hammed it up on an episode of the "60's TV comedy show F Troop as Sergeant Ramsden RCMP, the "Singing Mountie", saying "We always get our man!". :D I have both seasons of that show on DVD's.

Now here's something we hope you'll really like!:D
http://www.youtube.com/watch?v=R6BlHvNGMVA

Have a good one!:jointsmile:

[dragonrider]

If these guys are the Mounties, who are the Mounters?

[zebracakes]

I seen this episode of south park where the mounties couldnt ride horses. So they rode sheep.
Imagine if you got a phone call or seen someone? "Yes, I am a mounty mounted on a sheep"

[Markass]

Well, it works in the favor of all of us pot smokers, so yea! But if you think about it, it's totally stupid. Of course smelling pot smoke is grounds for believing there is pot present. It's a lawyerly trick, and I'm amazed the court went for it. It might have worked this time, but don't count on using it in the future for your own defense, and don't try it with soemone with any amount of common sense, like your mama.

Yeah, I bet that's what all sorts of cops are thinking once they smell it, and then don't find anything after initiating a search.

[dragonrider]

Yeah, I bet that's what all sorts of cops are thinking once they smell it, and then don't find anything after initiating a search.

Do you think that happens very often?

Look, I don't want to see anyone get busted for weed. I think it should be legal across the board. But it is illegal, so it's fair game for cops to go after it. I am also all for making police keep within their strct legal limits when it coms to search and siezure. But my main objection to this is that it is a stupid defense that goes completely against common sense.

The whole idea that smelling pot smoke doesn't prove that there is any more pot is asinine. Probable cause doesn't require proof --- probable cause relies on more of a common sense approach and is what allows police to go and find the proof. It seems like common sense to me that if you smell pot smoke, then there was pot there recently, and there might still be pot there. The idea that the smoke indicates they smoked it all and there is nothing left is moronic.

This whole thing is going to prove moot anyway. All the cop had to do was to say he smelled pot instead of pot smoke ,and the defense goes right out the window. Did you smell pot or pot smoke? My training doesn't distinguish --- I smelled a smell that I have been trained indicates pot, so I searched and found pot.

The other approach to defeating this would be to bring a canine unit that actually could smell the weed, and not just the smoke.

The case in this article had to do with weed, so we all root for the pot smoker. But I think it is alarming to think that these kinds of restrictions that go against common sense might be applied in other kinds of cases where the stakes are a lot higher and most of us would want the guy to be caught. We don't necessarily want the murderers, rapists, and thieves getting away on these kinds of technicalities.

[8182KSKUSH]

We don't necessarily want the murderers, rapists, and thieves getting away on these kinds of technicalities.

Yeah don't worry, luckily this happened in Canada, and I think that says all that needs to be said!;)

[Psycho4Bud]

Yeah, I bet that's what all sorts of cops are thinking once they smell it, and then don't find anything after initiating a search.

In the states they'd just bring in the p.s.p.'s (pot smellin' puppies).

Have a good one!:jointsmile:

[Gandalf_The_Grey]

Alright, I gotta clear up two stupid Canadian stereotypes.


1. Mounties don't wear those stupid red uniforms, they are ceremonial. Our cops look pretty much like American cops.

2. We don't say "aboot". We say about!:mad: Nor do we have that stupid-ass accent American's portray us as having, that's a very limited dialect from a small region of the Maritimes.

3. Our beer is better.

[Reefer Rogue]

Cananda has marijuana man :D

This case is groundbreaking imo, think how many people will quote it and perhaps get their evidence thrown out in court due to this. Well, hopefully.

[Psycho4Bud]

Can't resist.............
http://www.youtube.com/watch?v=44P8C4VJkN4&feature=related

Have a good one!:jointsmile:

[Gandalf_The_Grey]

Hahahaha, P4B you needn't resist, Blame Canada is national favorite in my country! :D

[MrNugz]

Do any of you guys know if this would work in the US?

[dragonrider]

Do any of you guys know if this would work in the US?

Only if our legal system is run by morons --- so, yes, there is a possibility. (But I wouldn't count on it.)

[420_24/7]

Well, it works in the favor of all of us pot smokers, so yea! But if you think about it, it's totally stupid. Of course smelling pot smoke is grounds for believing there is pot present. It's a lawyerly trick, and I'm amazed the court went for it. It might have worked this time, but don't count on using it in the future for your own defense, and don't try it with soemone with any amount of common sense, like your mama.

Thats exactly what i was thinking

[Perp]

This is a good ruling and it makes perfect sense. Of course the smell of burnt pot smoke infers that it has been smoked. Therefore, they needs to be some other evidence for a search. Hopefully this goes federal and the ruling is upheld. This is good for people who unluckily have cops come to the door right after they smoke one. Canada once again proves that it really is the land of the free.
Oh ya, you can make fun of our Mounties but remember the famed red serge tunic has a long and proud history.


The Red Serge tunic that identified initially the NWMP, and later the RNWMP and RCMP, is of the standard British military pattern. The NWMP was originally kitted out from militia stores, resulting initially in several different styles of tunic, although the style later became standardized. This style was used to both to emphasize the British nature of the force and to differentiate it from the blue American military uniforms. The blue shoulder epaulets were added in the 1920s, long after King Edward VII granted the Force "Royal" status for its service in the Second Boer War, replacing gold-trimmed scarlet straps from the earlier uniforms. Currently, RCMP personnel under the rank of inspector wear blue "gorget" patches on the collar, while officers from inspector to commissioner have solid blue collars, along with blue pointed-sleeve cuffs.Royal Canadian Mounted Police - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Royal_Canadian_Mounted_Police)

[MadSativa]

Only if our legal system is run by morons --- so, yes, there is a possibility. (But I wouldn't count on it.)

Are you serious?? In the states if they smell anything the beat the shit out of you then stick you in jail when they cant find anything. and in court they say we couldnnt find anything on him which is when he started to resist.

[dragonrider]

Are you serious?? In the states if they smell anything the beat the shit out of you then stick you in jail when they cant find anything. and in court they say we couldnnt find anything on him which is when he started to resist.

No, I wasn't serious. It was a joke.

[denial102]

haha ring ring Stop Police!! haha

Thats crazey though even if they smell it they cant do anything if nuthing is found. that sounds like an episode of Trailer Park Boys. I could just hear ricky sayin, "I dont know what the fuk your talkin aboot, we dont have any weed or hash your smelling incens that what your smellin boys".
GOD DAMNIT! This guy beats me to all the good ones :(

hahah,

Peace,
Denial

[Platinum Plus]

It's funny i've always thought about this scenario if it were to take place what would happend.
Now i know and i shall use it if ever needed.

[chrisdl805]

So this guy I USED to work with was in a parking lot with his girlfriend and a cop saw them and came up to the car cause he "smelled marijuana" and ended up arressting him for possesion of 12g of heroin but found no weed. Then when he wen to court the case was dismissed because they had no right to search the car cause their was no pot found. This happened in CA.