Supreme court | Charter of Rights
SEARCH AND SEIZURE
Charter breach minor and made in good faith
Search incident to arrest. Accused convicted of possession of cocaine for purpose of trafficking. Officer finding cocaine after searching vehicle incident to arrest based on reasonable grounds accused committed indictable offence of possession of marijuana in excess of 30 grams. Officer basing reasonable grounds on smell of burnt marijuana and discovery of large amount of cash on accused. Evidence of smell of drugs and large amount of cash sufficient to support inference that grounds for arrest for commission of indictable offence existed. Alternatively, evidence would not be excluded as Charter breach minor, made in good faith and real evidence discovered in location in which accused had reduced privacy interest.
R. v. Loewen (May 5, 2011, S.C.C., McLachlin C.J.C., Binnie, LeBel, Fish, Abella, Charron and Rothstein JJ., File No. 33914) Decision at 90 W.C.B. (2d) 273 affirmed. Reasons in full. 96 W.C.B. (2d) 339 (9 pp.).
Charter breach minor and made in good faith
Search incident to arrest. Accused convicted of possession of cocaine for purpose of trafficking. Officer finding cocaine after searching vehicle incident to arrest based on reasonable grounds accused committed indictable offence of possession of marijuana in excess of 30 grams. Officer basing reasonable grounds on smell of burnt marijuana and discovery of large amount of cash on accused. Evidence of smell of drugs and large amount of cash sufficient to support inference that grounds for arrest for commission of indictable offence existed. Alternatively, evidence would not be excluded as Charter breach minor, made in good faith and real evidence discovered in location in which accused had reduced privacy interest.
R. v. Loewen (May 5, 2011, S.C.C., McLachlin C.J.C., Binnie, LeBel, Fish, Abella, Charron and Rothstein JJ., File No. 33914) Decision at 90 W.C.B. (2d) 273 affirmed. Reasons in full. 96 W.C.B. (2d) 339 (9 pp.).
