The applicant, a passenger in a vehicle stopped for traffic violations, sought to exclude evidence of cocaine, fentanyl, and cash found on his person, alleging violations of his ss. 8, 9, and 10 Charter rights.
The police officer smelled marijuana, requested identification, discovered an outstanding warrant for the applicant, and arrested him.
Subsequent searches at the roadside and police station revealed the drugs.
The court found the initial detention and request for identification were reasonable, the strip searches were justified by exigent circumstances and officer safety, and the delays in facilitating the right to counsel were practically necessary.
The motion to exclude evidence under s. 24(2) was dismissed.
