R. v. Bowles

R. v. Bowles

The stop was lawful because a constellation of objectively discernible facts generated reasonable cause for detention; the strong smell of marihuana and circumstances rendered the warrantless search reasonable and proportionate; no Charter breaches were found and the seized evidence and statements are admissible.

Citation
2001 NSSC 135
Parties
Crown: Her Majesty the Queen; Accused: David Bowles
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
13 June 2001
Procedural Posture
Criminal / Voir Dire (pre Trial)
Outcome
Application dismissed; challenged evidence admissible
Legal Topics
Section 9 Arbitrary Detention, Section 8 Search and Seizure, Section 24(2) Exclusion of Evidence, Reasonable Expectation of Privacy (passenger), Warrantless Search/exigent Circumstances
Source Language
English
Charter Criminal Law Police Powers Search and Seizure Section 9 Arbitrary Detention Section 8 Search and Seizure Section 24(2) Exclusion of Evidence Reasonable Expectation of Privacy (passenger) +1 more

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Parties

Her Majesty the Queen

Crown

David Bowles

Accused

Procedural Posture

Criminal / Voir Dire (pre Trial)

Legal Issues

  1. 1 Whether the stop constituted an arbitrary detention contrary to s.9 of the Charter
  2. 2 Whether the warrantless search of the vehicle violated s.8 of the Charter
  3. 3 Whether evidence obtained should be excluded under s.24(2) of the Charter

Ratio Decidendi

The stop was lawful because a constellation of objectively discernible facts generated reasonable cause for detention; the strong smell of marihuana and circumstances rendered the warrantless search reasonable and proportionate; no Charter breaches were found and the seized evidence and statements are admissible.

Court Disposition

Application dismissed; challenged evidence admissible

Orders

  • Application to exclude evidence dismissed
  • All evidence seized in the voir dire is admissible and may be used at trial