The accused were stopped for speeding.
Police smelled marijuana, asked questions without providing rights to counsel, and observed a baggie in one accused's pocket.
The accused were arrested and a search of the vehicle incident to arrest revealed a large quantity of crack cocaine.
The accused brought a Charter application to exclude the evidence, alleging violations of ss. 8, 9, 10(a), and 10(b).
The court found breaches of ss. 8 and 10(b) regarding the initial questioning and a premature search of one accused's pockets, but dismissed the application to exclude the evidence under s. 24(2), finding the breaches were minor and the evidence was highly reliable and important.
