The police stopped my car, searched it, and discovered drugs: issues in search and seizure law
Date Updated: April 6, 2020
Written By: Ravi Prithipaul (Alberta Criminal Defence Lawyer)
Summary
A police search of a vehicle arising from a traffic stop, conducted without a warrant, can raise Charter issues relating to search and seizure and arbitrary detention.
Detailed Law Breakdown
A recent case from Alberta illustrates how a routine traffic stop can evolve into a complex range of issues when the police decide to conduct a search and find contraband and drugs.
In R. v. Russell, [2018] A.J. No. 283 (Q.B.), the accused was the driver of a pick-up truck that was stopped for a possible speeding violation and to check on the driver’s sobriety. The police noted an alcoholic drink on the floor at the feet of the front passenger. The Alberta Gaming and Liquor Regulation, Alta Reg 143/1996 prohibits the transport of liquor within reach of a vehicle’s occupants. Normally, this kind of offence attracts a violation ticket, but the police in Russell handcuffed the accused and his passenger and detained them in the police vehicle. The police then returned to the truck and saw a grinder which led to an arrest for possession of marijuana. A further search revealed firearms, marijuana, and cocaine.
The trial judge decided that the police had violated the accused’s rights and excluded the evidence that the police had seized. While the authorities had the right to detain the driver for unlawful transportation of liquor, they did not have the right to detain him once the liquor was seized, nor the right to search his vehicle. The accused was found not guilty.
Thoughts from a Criminal Lawyer’s Perspective
Section 8 of the Canadian Charter of Rights and Freedoms guarantees everyone the right to be secure against unreasonable search or seizure. This is one of the most fundamental constitutional protections we enjoy in Canada. It protects us from unauthorized state intrusion.
The Russell case illustrates how section 8 of the Charter applies in the context of what starts out as a fairly routine traffic stop. Initially suspicious of the accused’s driving behavior, the police conducted a stop, observed liquor, detained both driver and passenger, and proceeded to look further in the interior of the vehicle. Eventually, the police discovered drugs and guns.
It is said that section 8 protects people, not places or things. It wasn’t the pick up truck in Russell that the court was concerned with, but Mr. Russell’s right not to be subjected to unlawful and invasive police action. A key principle is that a search of a motor vehicle must be rationally connected to the reason for the accused’s arrest. A detention under the Gaming and Liquor Regulation does not give the police a general license to search a vehicle in the hopes of finding contraband.
If you are arrested and charged with offences which flow from a traffic stop, you should consult with a criminal defence lawyer. Find out if the police acted legally and within the scope of their lawful authority. Mr. Ravi Prithipaul, Q.C. is an experienced criminal defence lawyer who can provide advice and mount a vigorous defence at trial. Contact him at 780 705 7737 or through his website: www.prithilaw.com.
Last modified: April 30, 2020
