Fred was driving in his car when he was stopped by an OPP officer for an expired plate. The officer’s system indicated that Fred’s plate was expired when in fact, Fred had obtained a valid sticker within the previous week. The officer viewed the proper sticker and investigated further. He approached Fred’s window and asked for identification and vehicle registration. The officer then said that he saw a burnt marijuana cigarette (roach) in the ashtray and a strong smell of marijuana coming from the vehicle. This lead the officer to search the vehicle and Fred’s person revealing approximately 30g of marijuana. Fred was charged with possession of scheduled substance.
Matter was set for trial and we brought a motion to exclude the evidence because of a breach of Fred’s constitutional (Charter) rights because of the unreasonable search.
Result – on day of trial, Crown offered conditional discharge so client pleaded guilty for a conditional discharge and no criminal record.