Pubdate: Wed, 13 Feb 2008 Source: Montreal Gazette (CN QU) Copyright: 2008 The Gazette, a division of Southam Inc. Contact: http://www.canada.com/montreal/montrealgazette/ Details: http://www.mapinc.org/media/274 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. - --- MAP posted-by: Derek