POT SMELL NOT ENOUGH FOR SEARCH, COURT RULES

The Saskatchewan Court of Appeal upheld a decision stating the smell
of burnt marijuana isn't enough evidence to arrest someone for
possession of the drug, and then search his or her vehicle without a
warrant.

The ruling centred on the case of Archibald Janvier. Four years ago,
he was driving in La Loche, Sask., which is about 600 kilometres north
of Saskatoon, when he was pulled over by an RCMP officer because his
truck had a broken headlight.

The officer approached the vehicle and smelled marijuana smoke and
Janvier was arrested for possession of marijuana. The officer then
searched the vehicle and found eight grams of the drug and what was
thought to be a list of contacts - which led to Janvier also being
charged with possession for the purpose of trafficking. The original
judge excluded the evidence and Janvier was declared not guilty.