BC Judge Rules Smell of Weed Not Enough For Search
August 13th, 2008
A Judge in marijuana-smoker-friendly BC has ruled that the smell of marijuana is not enough for Police to search a vehicle. The Judge made the ruling because the officer who pulled over the driver last year testified that he searched the vehicle after noticing the smell of recently burned marijuana coming from the vehicle. The smell of recently burned marijuana indicated past use which means he would only be able to charge the driver with impaired driving for smoking marijuana if he failed the road side test.
Charges against a man, who was stopped by police in the province last year and found to have four garbage bags full of pot in the back seat, have been thrown out.
The provincial court ruled despite the pungent smell of recently burned marijuana coming from inside the vehicle, the man’s constitutional rights were violated
I wonder what the outcome of that case would have been had the officer been more careful with his choice of words. If he said he smelled marijuana and began his search of the vehicle, would the driver have been found guilty?
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I love BC. Calgary, not so much.
A month ago i am driving around Royal Oak when a cruiser pulls up behind me, throws on the cherries and pulls me over. I did nothing illegal and when i asked what i did, he said that i did nothing and he had heard a report of someone smoking weed. In the end the main officer and his silent female sidekick pulled me and my 3 friends out of the car and into the back seat, searched us and confiscated my friends weed only because they pulled us over for nothing but could smell weed in my car. I hate it when police abuse the power. The funny thing is that they ended up letting us go with a warning and the officers last words were, “Honestly i dont give a fuck, but it is still illegal and you shouldnt smoke it.”
stoner out -X
Are you an idiot? Driving while stoned is the same as driving while intoxicated you fucking loser. “Abuse of power”…please. You say that the smell of weed isn’t enough to justify this case.. ROFL. I suppose we shouldn’t prosecute whose who stink of alcohol on the road?
IF YOU SMELL LIKE POT, YOU ARE PROBABLY HIGH.
GTFO.
that first story was really fucked up . You could take the police officer , who pulled you over , to court because he didnt have a resonable cause to search you or your friends . He’d have to see shake , seeds , stems , or bags in the car to search .
and to that second story , FUCK YOU , driving high is not even close to driving drunk , you fuckin retard . lmfaoooo .
CANNABISSS CANNABISSSS <3