The accused, a passenger in a vehicle stopped by police during a traffic investigation, brought a Charter application to exclude drug evidence found during a search incident to arrest.
The accused argued his rights under ss. 8, 9, and 10 of the Charter were violated.
The court found that the accused was not detained until an officer directed him to stop moving his hands, at which point the officer had reasonable and probable grounds to arrest him based on the smell of marijuana and the accused's suspicious movements.
The court concluded the search was lawful as incident to arrest and that a brief delay in providing right to counsel did not violate s. 10.
The Charter application was dismissed.
