From the Toronto Star:
A judge has thrown out drug evidence against a Toronto driver, ruling two police officers misled the court in claiming to smell fresh-cut marijuana after pulling him over.
Ontario Superior Court Justice Edward Belobaba dismissed crack cocaine charges against Devon Dinwall, 28, after finding the officers “invented” the fresh pot smell as grounds to search his car.
Dinwall’s lawyer, Robb MacDonald, challenged the search, claiming the officers breached his client’s Charter rights against arbitrary detention as well as unreasonable search and seizure.
Belobaba agreed.
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