Is a search without a warrant incidental to a lawful arrest reasonable and justified?
Alberta, Canada
The following excerpt is from R. v. Graham, 1999 ABPC 138 (CanLII):
There is further agreement that at common law, searches without a warrant incidental to a lawful arrest which are undertaken for certain valid purposes may be deemed reasonable provided the search is not conducted in an abusive fashion. More specifically, a “frisk” search for weapons incidental to a lawful arrest undertaken for the purpose of safety of police officers are deemed reasonable and justified. Cloutier v. Langlois [1990] 53 C.C.C. [3d] 257
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