Judge rules smell of marijuana inside car not enough for search

GreenSurfer

Well-Known Member
Wednesday, August 06 - 05:10:00 AM Geoff Rohoman/Post

VANCOUVER (NEWS1130) - A BC Judge has ruled the smell of marijuana inside a vehicle is not enough evidence to justify a car search.

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, saying the smell hinted of past use, which only allowed the officer to check if the driver was impaired.
 
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