Calvin Barry Toronto Criminal Lawyer


Is It Okay to Look Inside Your Car?

Consent for searches and charges for possession of drugs are hot topics these days. Know that a simple search isn’t just a search more so when it can lead to a drug possession charge.

A Series of Unfortunate Events?

The above is what happened to one Mr.Sebben who was found out to be in the possession of a huge amount of marijuana. Mr. Sebben was stopped by an officer when an off-duty officer saw him driving his car erratically. He passed the administered breath test but the officer saw a possible connection with drugs upon checking the Canadian Police Information Centre, prompting the officer to request consent for a vehicle search. Mr. Sebben then volunteered a small amount of marijuana which led to an arrest. The officer then searched his vehicle and found another bigger stash. He was charged with Possession of Marijuana for the Purpose of Trafficking.

Trial Updates

During his trial, Mr. Sebben brought up that his Charter rights had been infringed and claimed that he was subjected to an unreasonable search that led to him producing the small bag of marijuana and the officer later finding his bigger stash. He also said that he had been arbitrarily detained and that when he was searched, he wasn’t given the opportunity to seek counsel before giving consent.

In view of the above, the judge concluded that no search transpired and that Mr. Sebben only handed over the small bag of marijuana to deflect the officer from finding his bigger stash. The judge acknowledged that Mr. Sebben’s right to counsel was violated but given the other details, decided that the evidence cannot be excluded.

Lessons to Be Learned

The case was brought to the Court of Appeal. Sebben’s camp wanted to appeal that unreasonable search and seizure transpired but Justice Doherty stated that the officer’s request for consent wasn’t a search. Furthermore, he said that Mr. Sebben’s arrest and later charges were due to him producing a bag of marijuana that resulted to a lawful search.

The lesson here is to know your rights and seek counsel before incriminating yourself. Know that surrendering contraband can be later used against you.

Do you need a Criminal Lawyer’s assistance regarding a drug possession or a driving offence chargeCalvin Barry Law can help! Contact Calvin Barry today so we can talk about the next steps you should take.

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