Question

Admissions and Applications

Thu Jan 22, 2015 5:00 am

CARLETON RECENT 1st year - Ask me anything

b. Olfactory Observationsi. Smell of Fresh MarijuanaIn R. v. Brownridge, 2000 BCSC 795, the accused was charged with possession of marijuana for the purpose oftrafficking. The accused was stopped by police for speeding. The officer smelled raw marijuana. The vehiclewas not registered to the accused. The accused consented to a search of the vehicle. The officer noticedseveral duffel bags in the back of the vehicle. The accused became agitated and withdrew his consent. Theofficer stopped the search and informed the accused that he was under investigation for possession of anarcotic. The officer informed the accused of his right to counsel. The officer then found several bags ofmarijuana and equipment for growing marijuana. The accused challenged the admissibility of the marijuanaevidence on the ground that there was an unreasonable search and seizure. The officer testified that he hadreasonable and probable grounds to search the vehicle for marijuana based on his detection of the odour ofmarijuana in the vehicle.The evidence was excluded. The officer believed he smelled marijuana in the vehicle, but had doubts that theaccused was in actual possession of marijuana. The Court held that the arrest was unlawful, and the searchwas unreasonable and in violation of s. 8 of the Charter. The admission of the evidence would bring theadministration of justice into disrepute.In R. v. Sewell, 2003 SKCA 52, it was held that the smell of raw marihuana is a sensory observation of thepresence of raw marihuana.In R. v. Burgis, 2009 BCPC 74, a rental vehicle was stopped by police for speeding. As the officer approachedthe vehicle he noted a strong odour of fresh marijuana coming from the interior of the vehicle. Maskingagents were detected. The accused and the passenger were arrested for possession of marijuana. A search ofthe accused yielded cocaine and marijuana. Three cell phones were also found in the vehicle. The accusedbrought an application to exclude the evidence found in the search of his person and his vehicle. Theapplication was dismissed. The Court held that the officer’s conclusion that marijuana was present in thevehicle at the time of his dealing with the accused was a reasonable and a fair conclusion. The accused hadcontrol over the vehicle and its contents. The officer’s conclusion that the accused was in possession of themarijuana was objectively reasonable. Klein, M. (2013, October 1). Motor Vehicle Stops and the Charter: Points to Consider and Some Interesting Cases. Retrieved January 22, 2015, from http://www.cle.bc.ca/PracticePoints/CRI ... eStops.pdf

Asked by matthewdeveauxmattdd2164417

uThink Member

25 answers

Thu Jan 22, 2015 5:00 am

They accused me of having smoked weed and detained me.Smell of Burnt MarijuanaThere is a clear distinction between the presence of the odour of burnt as opposed to raw marijuana. Thesmell of burnt marijuana has in some cases been held to only be evidence of past possession, and cannot bean indication of present possession.In R. v. Boyd, 2013 BCCA 19, the accused's vehicle was stopped and the officer detected a strong smell offreshly burnt marijuana. The accused was immediately advised that he was under arrest for possession of Klein, M. (2013, October 1). Motor Vehicle Stops and the Charter: Points to Consider and Some Interesting Cases. Retrieved January 22, 2015, from http://www.cle.bc.ca/PracticePoints/CRI ... eStops.pdf

Thu Jan 22, 2015 5:00 am

In R. v. Boyd, 2013 BCCA 19, the accused's vehicle was stopped and the officer detected a strong smell offreshly burnt marijuana. The accused was immediately advised that he was under arrest for possession of. The accused was searched incident to arrest and four bags of cocaine were found. The trial judge found the smell of burnt marijuana alone raised a suspicion marijuana had been recently consumed, but didnot provide sufficient grounds for the arrest and search of the accused. As the officer did not see anymarijuana in the accused’s possession prior to the arrest or see the accused engage in any act from whichactual possession could properly be inferred, the trial judge concluded there was no evidence of ongoingcriminal activity taking place in the presence of police and therefore the accused’s arrest under s. 495(1)(b) ofthe Criminal Code was unlawful and the search incident to that arrest was an unreasonable search. As a result,the trial judge excluded the evidence and the accused was acquitted. The BCCA confirmed the trial judgesruling. Hall J.E. commented that:[23] In the instant case the smell of burnt marihuana is an indication that some marijuanahas been consumed by fire. It is clearly the situation that that particular portion ofmarijuana no longer exists.Klein, M. (2013, October 1). Motor Vehicle Stops and the Charter: Points to Consider and Some Interesting Cases. Retrieved January 22, 2015, from http://www.cle.bc.ca/PracticePoints/CRI ... eStops.pdf

Sun Jan 25, 2015 5:00 am

I got into PAPM and accepted the offer of admission, really looking forward to it!Just a quick question-Is there anything you would recommend reading up on over the summer to prepare? Any general areas, specific things? Any general recommendations about the program/how to do well, etc.?Thanks!

yana_brion3311763

uThink Member

Sun Jan 25, 2015 5:00 am

I wish I had someone at Carleton I could talk to -.-

kastler00131801537

uThink Member

Sat May 15, 2021 2:06 am

Hello, I have a question regarding how legal it is to film on public roads. My question is if I have a camera that is synchronized to my AJAX system device but it is installed outside my home but it only gives a little view to the street. It is recording for outside only partially I can be fined for that action or I have no problem keeping my camera in that place. I would like to know what the solution would be, thank you very much.

diegoboneta

Acme School (Acme)


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