Can a police officer conduct a search incident to arrest?
Nova Scotia, Canada
The following excerpt is from R. v. Slaunwhite, 2019 NSSC 407 (CanLII):
An exception is the common law power to conduct a search incident to arrest. However, there are still requirements to be met for such a search to be valid. The search must be truly incident to the arrest. It must be connected to it by some reason. A search may be valid if a police officer subjectively and objectively believes that the search will lead to the discovery of evidence connected to the arrest. (Cloutier v. Langlois, 1990 CanLII 122 (SCC), [1990] 1 S.C.R. 158)
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