If the arresting officers did go too far in going beyond a pat-down search and emptying the accused’s pockets, such a breach in my view was not overly serious considering the factual context at play. I recognize that a person clearly has a reasonable expectation of privacy in the contents of one’s pocket, as stated in Hunter v. Southam Inc. 1984 CanLII 33 (SCC), [1984] 2 S.C.R. 145, but I reiterate that such an expectation of privacy is diminished in a situation where a person bolts from police officers when asked to talk to them and, in the course of being arrested, vigorously resists the commands of the arresting officers by continuing to struggle and reaching towards his pockets.
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