R.M.B. was the driver and lone occupant of a motor vehicle which was pulled over as a consequence of a seat belt infraction. During the course of the stop the police claimed to have detected the scent of fresh cannabis marijuana and they inquired of R.M.B. as to whether he/she had “pot” in the vehicle. R.M.B. properly (and unwisely) responded in the affirmative – “not too much”.
R.M.B. was placed under arrest for unlawful possession of a controlled substance and a subsequent search revealed the presence of cannabis marijuana and a quantity of crystal methamphetamine. The police charged R.M.B. with the following offences:
- Possession of cannabis marijuana contrary to Section 4(1) of the Controlled Drugs and Substances Act.
- Possession of crystal methamphetamine contrary to Section 4(1) of the Controlled Drugs and Substances Act.
R.M.B. was a highly educated professional with no prior convictions. A conviction for a drug offence (particularly “crystal meth”) would have brought an abrupt halt his /her existing professional life and complicated international travel.
BOTTOM LINE: Patrick Fagan was successful in convincing the Crown of the strength of his constitutional position vis a vis search and seizure, resulting in a complete withdrawal of all charges.