In what circumstances will the seizure of 392 pounds of marijuana be Charter compliant?
British Columbia, Canada
The following excerpt is from R. v Higgins, 2017 BCSC 642 (CanLII):
… However, the basis of the warrantless search was not “exigent circumstances” but connection or relatedness, i.e. to trigger the common law authority to search for evidence of the crime to which the arrest related: Cloutier v. Langlois, at p. 186. In my view, the seizure of the 392 pounds of marijuana was Charter compliant as it was discovered during a valid search for evidence incidental to a valid arrest.
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