The Supreme Court of Canada has come down with a decision on warrantless searches and in doing so, has overturned several convictions of a Langley man.
If police smell marijuana while walking by your home, should they be allowed to search it without a warrant?
The Supreme Court of Canada says no.
This stems from a 2007 B.C. case, where police smelled marijuana in Brendan Paterson’s Langley apartment and entered without a warrant.
The B.C. Civil Liberties Association was an intervener in the case.
Caily DiPuma is with the Association.
“They need to either get a warrant or they can ask the homeowner to provide the marijuana to them, and effect the ‘no case’ seizure. But what they can’t do is without permission of the homeowner, cross the threshold and do a search.”
After officers entered his apartment in 2007, they found a handgun and a bag of pills, and then, after getting a search warrant, they found two more guns.
DiPuma says today’s ruling supports the Charter-protected right Canadians have against unreasonable search and seizure.