What is the test for reasonable and probable grounds for conducting a search incident to arrest?
Ontario, Canada
The following excerpt is from R. v. Favorite, 2008 CanLII 13364 (ON SC):
A search incident to arrest does not require reasonable and probable grounds beyond the grounds that were sufficient to support the lawfulness of the arrest itself: Cloutier v. Langlois, 1990 CanLII 122 (SCC), [1990] 1 S.C.R. 158. However, the police must have had at the time some reason related to the arrest for conducting the search and that reason must be objectively reasonable: Caslake, supra., at para. 25.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for reasonable grounds for establishing that reasonable grounds are reasonable grounds? (Ontario, Canada)
What is the test for reasonable and probable grounds for a search incident to arrest? (Ontario, Canada)
In assessing whether a police officer has reasonable grounds to justify the arrest, what is the test for reasonable grounds? (Ontario, Canada)
Does the Crown have the burden of proving that a search conducted incidental to an arrest is reasonable? (Ontario, Canada)
What is the current standard of reasonable and probable grounds for a search warrant? (Ontario, Canada)
What is the test for reasonable and probable grounds for arrest? (Ontario, Canada)
What is the test for determining if a police officer has a reasonable and probable grounds for arrest? (Ontario, Canada)
What is the test for establishing reasonable and probable grounds for an arrest? (Ontario, Canada)
What is the test for reasonable and probable grounds to arrest? (Ontario, Canada)
What is the current state of the law on the test for reasonable and probable grounds for charging with sexual assault? (Ontario, Canada)
