Canada: Smell of Pot No Grounds for Arrest or Search, Says Saskatchewan Appeals Court

The Saskatchewan Court of Appeal has ruled that the scent of burning marijuana emanating from a car window is not probable cause for an arrest and vehicle search. The decision came in the case of Archibald Janvier, who was pulled over for a broken headlight four years again in La Loche, Saskatechewan.

When the officer approached Janvier's truck, he said he could smell burnt marijuana. He arrested Janvier for marijuana possession based on smelling the burnt weed, then searched the vehicle and found eight grams and a list of names, which led to Janvier being charged with possession for the purpose of trafficking.

At trial, the judge found that the scent of marijuana created a suspicion it had been smoked, but did not provide "reasonable and probable" grounds for either the arrest or the search. To arrest him based simply on the scent of burnt marijuana violated his right to be free from unreasonable search and seizure, the judge ruled as he declared him not guilty.

The Crown appealed the verdict, but the appeals court upheld the judge's verdict. That was the correct decision, said Ronald Piche, Janvier's attorney.

"Until now, police have used the smell of marijuana as reasonable grounds to arrest someone for possession of marijuana," he told Canwest News Service after the decision. "It always struck me as a little thin, frankly. It's frankly a lazy officer's way of giving out a warrant, and getting to check a vehicle out, and oftentimes finding some evidence."

It's hard to possess something that's already been smoked, Piche continued. "The smell alone can't constitute the grounds, because the smell of burnt marijuana -- as opposed to raw marijuana -- gives an inference that the material is gone, it's dissipated into the atmosphere. So how can you say you're in possession of something that doesn't exist?" Piche said. "There may be suspicion that the person is in possession of marijuana, but that's not enough to base an arrest."

Crown prosecutors, unsurprisingly, were not happy. Crown lawyer Douglas Curliss told Canwest the court's decision was based on the lack of any additional evidence to justify an arrest and search. "The court was of the view that all he had was the smell of burnt marijuana alone; he couldn't act." Still, he said, the Crown will not appeal the decision.

Is there a continental trend here? Last March, the Utah Supreme Court held that the smell of burning marijuana is not enough evidence for a warrantless home search. And just last month, a California Appeals Court ruled that even seeing someone smoking pot inside a home was not sufficient grounds for a warrantless entry.

Permission to Reprint: This article is licensed under a modified Creative Commons Attribution license.
Looking for the easiest way to join the anti-drug war movement? You've found it!

RHM

This is an interesting decision. The old "Oh, I could smell something" excuse has been abused more than its share. Does anyone know if we have had any similar court findings in the U.S.? Seems to me that police use that one all the time.

RHM (www.thecandidacy.com)

Car Window Tinting Denver

It was once a mark of revolt and gangsterism, but today, Car Window Tinting Denver tinting is demonstrating more to be a requisite than the usual luxury.

car detailers colorado springs

Most of us chose to get applied cars. It can make a lot of sense. Everbody knows new vehicles may lose as much as 30% of the value car detailers colorado springs in the initial 2 years. If you wind up seeking to sell that new car too soon you will have wasted all that money.

Window Tinting Tacoma

This was a great video. I own a window tinting company that handles residential, auto & commercial window tints. Save money, invest early so you save on the long term.

window tinting tacoma wa

seo federal way

Top Leads Generation

topleadsgeneration.com

Good read

Thanks for the great reporting. I love woodworking and blogging.  Mike E.http://www.wildwoodkeller.com

p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 16.0px Helvetica; min-height: 19.0px} p.p2 {margin: 0.0px 0.0px 0.0px 0.0px; font: 16.0px Helvetica} span.s1 {text-decoration: underline ; color: #9e4a2f} td.td1 {width: 129.0px; margin: 0.5px 0.5px 0.5px 0.5px; padding: 1.0px 1.0px 1.0px 1.0px} td.td2 {width: 633.0px; margin: 0.5px 0.5px 0.5px 0.5px; padding: 1.0px 1.0px 1.0px 1.0px}

I really think that this

I really think that this mostly depends on the US law, If it is a crime, those search can't be illegal can it ? In the most basic sense I think implementing a law and abiding by it whether civilians, police, forces is crucial to upholding the law of any country if citizens of the county are to abide by them <a href="https://shoutmeceleb.com">Shoutmeceleb Entertainment</a>

This was a great video. I own

This was a great video. I own a window tinting company that handles residential, auto & commercial window tints. Save money, invest early so you save on the long term.

FREE BUSINESS MARKETING AUDIT

FREE BUSINESS MARKETING AUDIT

What next ?

Nest is friendly. Next is a gift.

What Grounds (for arrest)?

Marijuana consumption is quickly becoming legalized across North America.  It has been socially acceptable for years, now legislation needs to catch up.  Don't let the police bully you.  Worcester, MA Lawyers will defend your freedom.

Pot smell ewww

obviously, the whole city smells of pot anyways

well lets see if they enforce that

any one get arrested today lol

deck repair and new builds

Great article! There are a lot of pot shops and avid smokers in Hamiton Ontario where I not only live but own  a<href>="https.www.custombuilddeckshamilton" <a>deck building company a</>

 Makes no difference to me but it really does smell like skunk so you need to look twice early in the morning-lmao:)

MeridianMSRemodeling

MeridianMSRemodeling

Medical Relevance

Many of my former colleagues at Yakima Pediatrics have moved on to adult care, and are faced with debating the politics and legislation surrounding marijuana for medical use with adult patients. This article suggests that there is a trend of decriminalizing the substance across North America, however in regions where CBD is not yet legal, patients who need marijuana for medical purposes either need to relocate to a different state, or run the risk of prosecution. Are there any exceptions for patients who have legal prescriptions from licensed and Board certified doctors?

All in One Hattiesburg Contractor

Well, this is quite interesting. The smell itself is definitely very powerful.

Delta with "}" style="font-size:10pt;font-family:Arial;font-style:normal;"><a href=""}" style="font-size:10pt;font-family:Arial;font-style:normal;">http://hattiesburg-contractor.com/ ">Hattiesburg Remodeling Companies</a>

beauty tips for girls

This article suggests that there is a trend of decriminalizing the substance across North America, however in regions where CBD is not yet legal, patients who need marijuana for medical purposes either need to relocate to a different state, or run the risk of prosecution.

Are there any exceptions for patients who have legal prescriptions from licensed and Board certified doctors? Is this theri daily job?

Does anyone know if we have had any similar court findings in the United States? It Seems to me that police use that one all the time.

This is a great article. What

This is a great article. What a tough subject it is but so important to confront and address.

"}" style="font-size:10pt;font-family:Arial;font-style:normal;">Kyla <a href="https://hattiesburgtowingservice.com/ ">more info</a>

Well, that's an interesting

Well, that's an interesting perspective for sure. https://hattiesburgtowingservice.com/

how to remove my comment from here?

please tell me someone is it possible to remove a comment a made here?

Interesting.

That's an interesting change for sure. https://gulfporthandymanservices.com/

Well.

It does make sense if you think about it! https://fallrivertowingservice.com/

Post new comment

The content of this field is kept private and will not be shown publicly.
  • Web page addresses and e-mail addresses turn into links automatically.
  • Allowed HTML tags: <a> <em> <strong> <cite> <code> <ul> <ol> <li> <dl> <dt> <dd> <i> <blockquote> <p> <address> <pre> <h1> <h2> <h3> <h4> <h5> <h6> <br> <b>

More information about formatting options

CAPTCHA
This question is for testing whether you are a human visitor and to prevent automated spam submissions.

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, 2016 Drug War Killings, 2017 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Pill Testing, Safer Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Kratom, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psilocybin / Magic Mushrooms, Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School