- Is this a location known for drugs? Stats on number of arrests/seizures in this area to objectively show reasonableness of belief
- Is the place of arrest different from the location of offence?
- Continuity of suspect. Especially if the accused is not present at time of discovery (grow-ops, labs)
Grounds for Arrest/ Actions of Accused:
- Evidence the Accused was “trafficking” (see Definition)
Continuity of Exhibit
- The continuity of the drugs, (or drug related exhibits) are often a key focus of defence arguments from the time the drugs are located till the time they are secured or sent to the lab for analysis.
- Where/when were the drugs located? (detailed to each pocket or pouch)
- Were they seized, tagged separately?
- Where/ when were the drugs placed during arrest, during transport, upon arrival at police office.
- Was the pocket, bag, envelope, trunk, glove compartment etc. checked for the presence of other drugs and clean?
- Were the drugs tagged and submitted according to the Drug Analysis Section Protocols on drug seizures
- Has a Drug Expert been requested to provide evidence regarding the seized exhibits?
- Were any of the aggravating factors present in this drug offence?
Statutory wording for Trafficking in a Controlled Substance
- Possession – Legal Issues
- Possession – Definition
- Definition of Traffic, Trafficking