the smell of burnt marijuana is not evidence of illegal drug
possession since by definition the proof has gone up in smoke, it said
Wednesday.
(Advertisement)
"The smell of burnt marijuana does not reasonably support the
inference that additional marijuana is present," the three-judge panel
said in newly-released court filings.
Thus, police "did not have reasonable grounds to search" the truck of
Archibald Janvier after his roadside arrest in 2004 for narcotics
possession, the judges said in maintaining his acquittal.
Police had originally stopped Janvier's truck in La Loche,
Saskatchewan, in western Canada, to ticket him for a busted tail
light.
At trial, the arresting officer testified he had smelled the "pungent
odor of burnt marijuana" coming from inside Janvier's truck, charged
him with illegal drug possession, and then searched his vehicle.
The Royal Canadian Mounted Police constable found eight grams of
marijuana in Janvier's coat pocket, boot and truck console, but that
evidence was thrown out.
Archibald's lawyer Ronald Piche successfully argued the warrantless
search and seizure were "unreasonable" because the aroma of burnt
marijuana -- as opposed to raw marijuana -- infers that the drug has
dissipated.
"How can you say you're in possession of something that doesn't
exist," Piche told the daily Saskatoon Star Phoenix.
