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November 1, 2022

Tom was driving in a rental car when he was pulled over by police.

Tom was driving in a rental car when he was pulled over by police. The police officer approached the driver’s door and Tom rolled down his window. The police officer advised Tom that he was pulled over for speeding and asked to see Tom’s driver’s licence. Tom leaned over to the passenger side and opened the glove compartment to retrieve his licence. In doing so, the police officer observed a small bag containing a white substance fall out of the glove compartment. The police officer asked Tom what the substance was and Tom replied, “I have no idea. I never saw that before.” Nevertheless, the police officer arrested and charged Tom with possession of cocaine pursuant to s. 4(1) of the Controlled Drugs and Substances Act. Assume the traffic stop and seizure was proper. Discuss whether you think Tom would be found guilty of that offence

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