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Charges of Possession of Marijuana and Possession for the Purpose of Trafficking in Percocet Tablets withdrawn in the Ontario Court of Justice Milton. The client was 18 and parked at a MacDonald’s last spring. A cruiser detected an odour of marijuana coming from the car. The police officer approached and spoke to S.S. who readily admitted to have 20 grams of Marijuana. The officer placed S.S. under arrest, and then searched the car. After an extensive search found a pill bottle with opiate based drugs. Defence lawyer Joseph Neuberger was retained. After receiving the disclosure, and reviewing the police officer notes, Joseph Neuberger conducted a series of pre-trials. It was explained that not only was possession of marijuana imminently becoming legal in Canada, the officer committed a number of Charter breaches, including some ambiguity as to whether the officer actually smelled marijuana to first give authority to detain S.S.. In addition, no rights to counsel were provided and the search of the vehicle was extensive and not merely as a search incident to arrest. As such, Defence lawyer Joseph Neuberger alleged violations of section 9, 8 and 10(b) of the Charter. After filing an application and more discussions with the Crown, the charges were withdrawn.