R. v. R.J. [Court of Queen’s Bench, Calgary, October 2016]

R.J. was pulled over near Lake Louise after a police computer check determined that he was driving without registration or insurance. Police noticed the smell of a “masking agent” (cologne); that R.J. was traveling to a “source” province for marijuana (i.e. British Columbia) and through computer checks determined that he had a conviction for possession of marijuana for the purpose of trafficking. R.J. apparently presented as extremely nervous, which heightened the suspicion of the police that he was transporting contraband of some kind. The police formed the ostensible grounds to detain R.J. and deployed a drug detection dog who indicated the presence of the odor of drugs. The police arrested R.J. and searched the vehicle. Police allegedly located 0.01 grams of marijuana and approximately $75,000.00 in Canadian currency. R.J. was arrested for possession of proceeds of crime and simple possession of marijuana. Ms. Fagan was successful in securing a stay of proceedings before trial (i.e. she ended the criminal prosecution against R.J. no criminal convictions were entered).

Patrick Fagan

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