Request for consent to search not to be deemed commencement of search

Ontario criminal | Charter of Rights

SEARCH AND SEIZURE

Request for consent to search not to be deemed commencement of search

Trial judge convicting accused of offences relating to seizure of marijuana from his vehicle. Officer asked accused to consent to search after learning he had connection to drug trafficking. Accused produced bag of marijuana after officer’s initial inquiry and further marijuana uncovered on search incident to arrest. Trial judge held initial request for accused to consent not “search” or s. 8 of Charter as accused voluntarily and unilaterally produced marijuana. Accused’s appeal from conviction dismissed. Trial judge correctly held there was no “search” for purpose of s. 8 of Charter. Any request by officer for consent to search not to be deemed commencement of search. No search for s. 8 purpose took place as no evidence accused felt compelled to consent or that search was inevitable whether consent given.
R. v. Sebben (Apr. 21, 2015, Ont. C.A., G.R. Strathy C.J.O., Doherty J.A., and E.E. Gillese J.A., File No. CA C59397) 121 W.C.B. (2d) 545.

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