Pubdate: Tue, 27 May 2014
Source: Kamloops This Week (CN BC)
Copyright: 2014 Kamloops This Week
Contact:  http://www.kamloopsthisweek.com/
Details: http://www.mapinc.org/media/1271
Author: Cam Fortems

POT SEARCH STANDS IN COURT

A provincial court judge rejected an argument that Mounties should
have asked for a medical-marijuana permit before searching a driver's
van at roadside.

Cory Eld was arrested by RCMP in Barriere in November 2012 after he
was stopped at a roadside check.

He was charged with possession of marijuana.

The RCMP member who went to Eld's window to question him testified he
smelled a strong odour of unburnt marijuana and saw a tarp stretched
over the entire length of the van's cargo area. RCMP found 73 one-foot
tall marijuana plants inside.

Defence lawyer John Conroy argued Eld's constitutional rights were
breached because RCMP who smelled marijuana neglected to ask Eld if he
had a licence to possess marijuana through Health Canada - something
that may have explained the smell. Therefore, Conroy argued, the
search was illegal.

"It's not difficult for the officer to say, 'Do you have a permit?'"
Conroy argued at the hearing in February.

"You don't have grounds to believe he's committing an offence until
you know he doesn't have a permit."

But, provincial court Judge Chris Cleaveley ruled police are not
required to ask about a permit.

"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, adding Mounties' suspicion there was marijuana under
the tarp is "somewhat inconsistent with Mr. Eld being in lawful
possession."

Cleaveley, ruling Eld was lawfully arrested, also cited a B.C. Supreme
Court decision that police are not required to rule out other possible
explanations for the smell of marijuana. Eld is scheduled to be
sentenced at a later date.
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