Ontario Superior Court, 17 September 2002
Scott McDevitt wanted his girlfriend out of his house, so he called police. He directed the officers upstairs to the girlfriend who agreed to leave, but asked one officer to follow her to the basement. She produced a 26-gram bag of marijuana. McDevitt was arrested for possession. At trial, he unsuccessfully argued the search was unlawful. He was convicted and fined $500.
He appealed, again arguing that the officer did not have permission to enter the basement. The Court found the officer was lawfully in the home. When the girlfriend produced the marijuana, it was in plain view and the officer was entitled to seize it without a warrant.