To the People

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or TO THE PEOPLE.

Wednesday, February 20, 2008

But Your Honor He Also Ate An Entire Bag of Doritos

In other Canadian news, a Saskatchewan appeal's court said last week that the smell of burnt marijuana cannot be used as evidence of drug possession. Why? Because it has been smoked:

"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.

The Canadian cops had stopped him because a taillight was out but when they smelled the pot they searched his vehicle and found eight ounces. His lawyer came up with a brilliant defense:

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.

The whole thing here. And, no, I wasn't the one that was busted. But if you want to raise some funds for my legal bills, I won't object.

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