Unlawful search leads to 24hr roadside suspension

[zulutango]

Originally Posted by Brad Fuel

Actually, it's just "reasonable grounds" in Canada. The "probable" was removed.

495 (1) A peace officer may arrest without warrant
(a) a person who has committed an indictable offence or who, on reasonable grounds, he believes has committed or is about to commit an indictable offence;

NIce to hear from someone with more recent law courses. Both my 2 university courses and the 2 RCMP courses called it RPGs...and that was valid up till 2009.

[Gucci Mane]

lol, noob. a $5 container from walmart could have saved you a whole world of trouble. dont smoke in your car, keep your stash in an air tight container and you wont ever have an issue.

-wise words from an ex-stoner

[Spidey]

Ok... so... The smell of "fresh" marijuana (not burnt) provides officers reasonable grounds to believe someone is in possession of marijuana, ie, there IS marijuana in the car and/or on the person(s). Reasonable grounds is not 100% certainty. One can argue being in possession if only burnt marijuana is smelled, but fresh is very distinct. Once RGs are established the officer may arrest and search subsequent to arrest.

Something is either legal or not legal in terms of the Criminal Code, there isn't "basically legal". I bet you think those marijuana dispensaries in Vancouver are all legal, and that those membership card they give you are legal documentation allowing you to be in possession of marijuana, don't cha?

[zulutango]

Originally Posted by Spidey

Ok... so... The smell of "fresh" marijuana (not burnt) provides officers reasonable grounds to believe someone is in possession of marijuana, ie, there IS marijuana in the car and/or on the person(s). Reasonable grounds is not 100% certainty. One can argue being in possession if only burnt marijuana is smelled, but fresh is very distinct. Once RGs are established the officer may arrest and search subsequent to arrest.

Something is either legal or not legal in terms of the Criminal Code, there isn't "basically legal". I bet you think those marijuana dispensaries in Vancouver are all legal, and that those membership card they give you are legal documentation allowing you to be in possession of marijuana, don't cha?

You mean Marc Emery lied to me????? Nooooooooooooooooooooooooooooooooooooooooooooooooo oooooooooooooooooooooooooooooooooooooooooooooooooo ooo !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!