Legal Question in Criminal Law in Canada

Pot Posession, and questionable police tactics?

I was in a parked car with three of my friends who were about to drive me home, when all of a sudden, local authorities pulled up behind us and then asked my driver friend for his liscense and registration. After that had been submitted, the officer asked us to step out of the car. The whole time I was thinking to myself: Why do we have to get out? We didn't do anything to warrant us being removed from the car. But my friends did get out and there was nothing I could do except hold my breath. Hold his breath you question, well I did have Marijuana on me. Nine grams to be exact, but I was found to be in posession of a contraband. I did give the officer the pot when he asked if there was anymore, but that probably made the difference in me being able to return home that night. The reason the officer was asking about more pot was that he found a joint(a marijuana cigarette) on the floor of the vehicle after he had conducted a rough search of the vehicle. My question is: Was the officers conduct justifiable in asking us out of the car and searching our vehicle? And I have a court date in a months time, what should I research in order to fight this misdemeanor charge of posession of marijuana under 30 grams?


Asked on 11/04/04, 2:51 pm

1 Answer from Attorneys
Kenneth Golish Golish, Kenneth W.

Re: Pot Posession, and questionable police tactics?

You are correct to question the police conduct in these circumstances. It is quite possible that at trial, a judge may find the police had no authority to conduct a search. The evidence on the search will probably be excluded, although a judge has a discretion to the admit the evidence notwithstanding the illegal search.

You should note that whether evidence is excluded will depend on the precise facts of the case. Ultimately, it will also depend on the attitude of the prosecutor and the judge.

I would suggest you retain a lawyer in the city in which the charge arose.

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Answered on 11/05/04, 10:36 am


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