The traffic stop
 When Detective Ward signalled him to do so, the driver of
the van pulled over. The officer approached the van. He could
see through the side windows that the van was full of large
cardboard boxes. Each box was sealed closed. Detective Ward
was curious about the contents of the boxes. At the driver’s door
of the van, the officer displayed his badge and warrant card.
Gilbert Gonzales, who was the driver, asked why he had
been stopped. The officer told Gonzales that he (Ward) wanted
to ensure that he (Gonzales) was a licensed driver entitled to
operate the van. Gonzales handed over the documents the officer
 When Gilbert Gonzales opened the window on the driver’s
door of the van, Det. Ward smelled the odour of fresh marijuana
coming from the interior of the van. This odour and Gonzales’
apparent nervousness prompted Det. Ward to consider the possibility that the large sealed cardboard boxes contained drugs.
 Detective Ward returned to his truck to verify the documents provided by Gonzales. He believed the occupants of the
van were in possession of marijuana. He intended to arrest them
for that offence. Although he was armed, Det. Ward was not
wearing a protective vest. He called for assistance to make the
arrest and waited for other officers to arrive before returning to
 When additional officers arrived, Det. Ward told them
about his observations and his plan to arrest the occupants of
the van for possession of marijuana. He also explained his intention to look in the van.
 Detective Ward and the other officers approached the van.
Detective Ward told Gonzales that he was under arrest for possession of marijuana. A uniformed officer advised Gonzales of
his right to counsel (although the officer was delayed in giving
Gonzales his caution), searched him incident to arrest, handcuffed him and put him in the rear of a police cruiser for
transport to the police station. Back at the station, Gonzales was
The initial search of the van
 Detective Ward opened the side door of the van. He
removed one of the large cardboard boxes and opened it. Inside,