Derek James Loewen v. Her Majesty the Queen – April 12, 2011
Loewen argues that his 2007 arrest and search during a traffic stop in Edmonton breached his Charter rights.
RCMP Sergeant Brian Topham had pulled Loewen over for speeding and noticed the smell of marijuana coming from the car. Loewen did not provide a driver’s licence, so Sergeant Topham told him to go into the police car so that he could check his identity. Topham found over $5,000 in cash in Loewen’s pocket during a pat down search for safety reasons before entering the police car.
After arresting Loewen for possession of marijuana, Topham searched the appellant’s car and found 100 grams of cocaine. Loewen was convicted of possession of cocaine for the purpose of trafficking.