REASONABLE SUSPICION - ADMISSION TO CONSUMPTION 4 HOURS EARLIER AND ODOUR OF LIQUOR WITH NEARBY BOTTLE NOT ENOUGH

Police detected an odour of liquor coming from inside the vehicle. The accused was the only occupant and admitted consuming alcohol 4 hours earlier. Police also found and alcoholic cider bottle inside the vehicle. There was no evidence whether the bottle was opened or closed. The court found that the officer suspicion was not reasonably based in light of the possibility that the odour of liquor may have been coming from the bottle. The officer should have either investigated the bottle further or taken other steps, like having the accused blow in the officer's direction, to isolate the odour. R. v. Carroll, 2011 BCPC 214