A
Artem
Guest
I live in Canada so I'm using the Canadian Charter of Rights and freedoms to defend this case and this is the details
A Mountie drug investigator in Nova Scotia recognized a car parked on the shoulder of a highway as belonging to the accused. After checking the car and finding it empty, the officer was standing next to the vehicle when the accused climbed up from the roadside ditch with his hand inside his jacket. When the Mountie asked him what he had in his jacket, the accused opened it and showed he was carrying a pint of beer.
The Mounties then asked the accused if he's carrying any other liquor or drugs. The accused says no. The Mountie then reaches into the left hand pocket of the accused's jacket and finds a bag containing three marijuana cigarettes.
Was this search and seizure reasonable? Should the evidence of finding the marijuana be admitted?
so what can I say from the charter that will protect my client to help me in winning this case?
A Mountie drug investigator in Nova Scotia recognized a car parked on the shoulder of a highway as belonging to the accused. After checking the car and finding it empty, the officer was standing next to the vehicle when the accused climbed up from the roadside ditch with his hand inside his jacket. When the Mountie asked him what he had in his jacket, the accused opened it and showed he was carrying a pint of beer.
The Mounties then asked the accused if he's carrying any other liquor or drugs. The accused says no. The Mountie then reaches into the left hand pocket of the accused's jacket and finds a bag containing three marijuana cigarettes.
Was this search and seizure reasonable? Should the evidence of finding the marijuana be admitted?
so what can I say from the charter that will protect my client to help me in winning this case?