What is the applicable principle of law relating to a pat-down search conducted as part of an investigative detention?
Ontario, Canada
The following excerpt is from R. v. Essa, 2014 ONCJ 307 (CanLII):
[15] The applicable principle of law relating to a pat-down search conducted as part of an investigative detention is described in R v. Mann 2004 SCC 52, as follows[1]: 45 … police officers may detain an individual for investigative purposes if there are reasonable grounds to suspect in all the circumstances that the individual is connected to a particular crime and that such a detention is necessary. In addition, where a police officer has reasonable grounds to believe that his or her safety or that of others is at risk, the officer may engage in a protective pat-down search of the detained individual. Both the detention and the pat-down search must be conducted in a reasonable manner. … The investigative detention and protective search power are to be distinguished from an arrest and the incidental power to search on arrest …
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