Pubdate: Fri, 30 May 2014
Source: Vancouver Sun (CN BC)
Copyright: 2014 Postmedia Network Inc.
Contact:  http://www.canada.com/vancouversun/
Details: http://www.mapinc.org/media/477
Author: Cam Fortems
Page: A10

Courts

B.C. JUDGE SAYS MOUNTIES DIDN'T HAVE TO ASK ABOUT MARIJUANA LICENCE 
BEFORE ARREST

A B. C. judge has rejected an argument that Mounties should have 
asked a driver for a medical marijuana permit before searching his 
van and arresting him.

Cory Eld was stopped at the roadside in Barriere, about 60 kilometres 
north of Kamloops, in November 2012. The RCMP officer who went to 
Eld's window to question him testified he smelled a strong odour of 
unburned pot and saw a tarp stretched over the length of the van's cargo area.

Mounties found 73 marijuana plants inside, and Eld was charged with 
possession of marijuana.

Defence lawyer John Conroy argued the search was illegal and that his 
client's rights were breached. However, provincial court Judge Chris 
Cleaveley ruled the arrest was legal.

"I do not believe that the police officers needed to determine 
whether Mr. Eld had a marijuana licence before arresting him," 
Cleaveley said in his ruling.
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