Does a routine search by customs officials at the border or random search of luggage constitute a detention?

Ontario, Canada


The following excerpt is from R. v. Moroz, 2012 ONSC 5642 (CanLII):

Regina v. Simmons made it clear that routine searches by custom officials at the border or routine searches of luggage conducted on a random basis do not constitute a detention. The more intrusive the search, such as a strip search, would be mandated under the Customs Act only where custom officers had formed reasonable grounds for supposing that a person had contraband secreted about his/her body.

Other Questions


What is the applicable principle of law relating to a pat-down search conducted as part of an investigative detention? (Ontario, Canada)
What is the test for a personal search in the Customs Act? (Ontario, Canada)
What is the current state of the law on searches conducted at border entry points? (Ontario, Canada)
Does the exclusion of the knife in the context of a random check stop constitute a Charter violation? (Ontario, Canada)
Can evidence obtained in the first search be excluded from the second search? (Ontario, Canada)
What is the test for obtaining a search warrant to search a legal aid office? (Ontario, Canada)
Does the mere questioning of an individual by the police constitute a detention? (Ontario, Canada)
What is the test for a Justice of the Peace to order the detention of a person during a search and seizure? (Ontario, Canada)
Can Canadian officials speak to foreign officials about the delay in an extradition request? (Ontario, Canada)
What is the test for a search warrantless search of a home by police responding to an emergency call? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.