The defendant was charged with possession of cocaine for the purpose of trafficking following a traffic stop for an expired vehicle registration.
The defendant challenged the lawfulness of his arrest and the subsequent search of his vehicle, claiming violations of sections 8 and 9 of the Canadian Charter of Rights and Freedoms.
The defendant sought to exclude the cocaine evidence under section 24(2) of the Charter.
The court found that the officer had reasonable and probable grounds to arrest the defendant for possession of marijuana based on the smell of burnt marijuana, the defendant's nervous demeanor, and his apparent attempt to conceal something in the vehicle's centre console.
The court dismissed the application to exclude the evidence.
