Legal Issues In Policing

E89| Case law classic. Police stop ⇉ odour + drug arrest + under hood search = PPT cocaine!

Season 4

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In this episode, Mike discusses the case law classic R. v. Stonefish, 2019 ONCA 914 where a police officer, after stopping a motorist for an equipment violation, smelled the odour of burnt marihauana and saw a green leafy substance in the car’s console. The motorist was then arrested for possessing a controlled substance and police opened the car’s hood to discover a stash of cocaine in a Ziploc bag valued at between $11,000 — $18,000 on the street. Was opening the car’s hood lawful as an incident to the drug arrest for possession of this small amount of marihuana? Or did it exceed the scope of the common law power? Mike looks at these and other questions.

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