Client was stopped by police as he was driving. The officers claimed the smell of cannabis and their observation of a half-smoked joint on the client’s lap gave them authority to search the car and its occupants under the Cannabis Control Act. They found cannabis and 57g of cocaine in the client’s satchel. Ms. Page persuaded the Judge that the search was illegal and that Mr. Grant’s right to counsel had been violated .
At the trial, Ms. Page established that the police were lying about the smell of fresh cannabis coming from the car and about seeing a marijuana cigarette on Mr. Grant’s lap. The Judge agreed that the search was unlawful and that the police failed to provide her client with access to his lawyer in a timely fashion. Accordingly, the evidence was excluded and the client was found not guilty of all charges.