COPS CAN'T USE SMELL TEST TO ARREST TOKING DRIVERS

SASKATOON --The scent of weed wafting from an open car window doesn't
give an officer the right to make an arrest and search a vehicle,
according to a recent decision made by the Saskatchewan Court of Appeal.

But city police don't think the verdict will prevent them from
arresting dope-smoking drivers.

The ruling came in the case of Archibald Janvier.

Four years ago he was driving in La Loche, Sask., about 600 kilometres
north of Saskatoon, when he was pulled over by an RCMP officer. His
truck had a broken headlight.

The officer approached the vehicle and said he could smell burnt
marijuana from a metre away. Janvier, who now runs a business in Fort
McMurray, Alta., was immediately arrested for possession of marijuana,
based only on the smell of the burnt narcotic.

The officer then searched the vehicle and found eight grams of
marijuana and what he thought was a list of contacts, which led to
Janvier being charged with possession for the purpose of
trafficking.

"Until now, police have used the smell of marijuana as reasonable
grounds to arrest someone for possession of marijuana," said Ronald
Piche, Janvier's lawyer.

The case went to trial and the judge found Janvier's charter right to
be free from unreasonable search and seizure had been violated. The
scent of marijuana created a suspicion it was smoked, but didn't
provide reasonable and probable grounds for an arrest or a search, the
judge concluded before excluding the evidence. Janvier was declared
not guilty.

The Crown appealed the verdict and the trial judge's decision was
upheld.

Crown attorney Douglas Curliss said the court's decision was based on
the fact that the officer didn't have any additional evidence.

The case will not go before the Supreme Court of Canada, he
said.

The verdict won't have a major effect on police practices, said Alyson
Edwards, spokeswoman for the Saskatoon Police Service. It just means
officers will need to do a bit more work.