rebgirl420
08-06-2008, 01:31 AM
Scent of marijuana not grounds for search says B.C. court
Canwest News Service
Published: Tuesday, August 05, 2008
DELTA, B.C. - A provincial court judge has thrown out charges against a man stopped by police in B.C. last year and found to have four garbage bags in the back seat full of marijuana plants.
Judge Peder Gulbransen found police seriously violated the man's constitutional rights because there were insufficient grounds to search the man's car, even though police could smell recently-burned marijuana coming from the vehicle.
The judge ruled that the smell was evidence of a past offence of possessing marijuana, allowing the officer to check if the driver was impaired by use of the drug, but did not give sufficient grounds to search the car without a warrant since no marijuana was visible.
On June 20, 2007, Delta police stopped a vehicle driven by David Razah Hood as officers prepared to execute a search warrant on a house they believed was used for growing marijuana.
The officer who stopped the vehicle detected a smell of burned marijuana, and Hood was arrested for possession of marijuana.
Another officer searched the car, and found four garbage bags on the rear seats all containing a large plastic container filled with marijuana clones. Hood was subsequently charged with possession of marijuana for the purpose of trafficking.
At trial, the accused argued that the initial vehicle stop and subsequent search and arrest were unlawful because the officer stopped the vehicle on a hunch. The Crown replied that the officer had reasonable grounds to suspect that Hood was involved in the growing or trafficking of marijuana, and that police had the power to briefly detain the accused for an "investigative detention."
The judge said there have been many cases where the courts have upheld the validity of arrests - and subsequent searches - based on an officer detecting an odour of burned marijuana.
"In most of these cases, however, there were additional circumstances which supported the officer's belief that the person arrested was in possession of marijuana," the judge pointed out. "Where an arrest has been made solely on the basis of a police officer detecting an odour of burned marijuana, the courts have generally ruled that this fact alone does not establish sufficient grounds for an arrest."
Scent of marijuana not grounds for search: B.C. court (http://www.canada.com/topics/news/national/story.html?id=d7d4780b-2acc-481f-abe4-9266dc827962)
Yay! Go Canada eh'!
Canwest News Service
Published: Tuesday, August 05, 2008
DELTA, B.C. - A provincial court judge has thrown out charges against a man stopped by police in B.C. last year and found to have four garbage bags in the back seat full of marijuana plants.
Judge Peder Gulbransen found police seriously violated the man's constitutional rights because there were insufficient grounds to search the man's car, even though police could smell recently-burned marijuana coming from the vehicle.
The judge ruled that the smell was evidence of a past offence of possessing marijuana, allowing the officer to check if the driver was impaired by use of the drug, but did not give sufficient grounds to search the car without a warrant since no marijuana was visible.
On June 20, 2007, Delta police stopped a vehicle driven by David Razah Hood as officers prepared to execute a search warrant on a house they believed was used for growing marijuana.
The officer who stopped the vehicle detected a smell of burned marijuana, and Hood was arrested for possession of marijuana.
Another officer searched the car, and found four garbage bags on the rear seats all containing a large plastic container filled with marijuana clones. Hood was subsequently charged with possession of marijuana for the purpose of trafficking.
At trial, the accused argued that the initial vehicle stop and subsequent search and arrest were unlawful because the officer stopped the vehicle on a hunch. The Crown replied that the officer had reasonable grounds to suspect that Hood was involved in the growing or trafficking of marijuana, and that police had the power to briefly detain the accused for an "investigative detention."
The judge said there have been many cases where the courts have upheld the validity of arrests - and subsequent searches - based on an officer detecting an odour of burned marijuana.
"In most of these cases, however, there were additional circumstances which supported the officer's belief that the person arrested was in possession of marijuana," the judge pointed out. "Where an arrest has been made solely on the basis of a police officer detecting an odour of burned marijuana, the courts have generally ruled that this fact alone does not establish sufficient grounds for an arrest."
Scent of marijuana not grounds for search: B.C. court (http://www.canada.com/topics/news/national/story.html?id=d7d4780b-2acc-481f-abe4-9266dc827962)
Yay! Go Canada eh'!