Joshua Lenhardt was charged with possession of marijuana, possession of cocaine for trafficking, and possession of proceeds of crime.
He brought a Charter application to exclude evidence obtained from an alleged arbitrary detention, unreasonable search and seizure, and violation of his right to counsel.
The court found that the initial police approach was not an arbitrary detention.
The warrantless arrest and subsequent search of his knapsack and vehicle were deemed lawful based on the officer's credible testimony that he observed marijuana in an open knapsack on Lenhardt's lap.
While there was a delay in providing access to counsel, it was found to cause minimal prejudice as no self-incriminating statements were made.
Consequently, the evidence was admitted, and Lenhardt was found guilty on all counts.
