What is the power of the police to search the home of a lawfully arrested person?

Ontario, Canada


The following excerpt is from R. v. Clarke, 2003 CanLII 64244 (ON SC):

The police have power to search a lawfully arrested person and seize anything in his or her possession or immediate surroundings to guarantee the safety of the police and the accused, prevent the prisoner’s escape, or provide evidence against him or her: Cloutier v. Langlois; Caslake.

Other Questions


What is the law relating to the power of the police to search a person incidental to a lawful arrest? (Ontario, Canada)
What is the common law common law authorizes a search incident to a lawful arrest? (Ontario, Canada)
Is a police disciplinary record that is not in the control of the police force required to be disclosed by the police officer to the police community? (Ontario, Canada)
What are the implications of a family law case law review of the applicable provisions and case law principles for costs in family law? (Ontario, Canada)
In what circumstances will a search warrant be used to obtain personal information about a person who has not been arrested? (Ontario, Canada)
Under what circumstances will the police need to obtain a companion authorization to search a person's home? (Ontario, Canada)
Is a search incidental to an arrest not lawful? (Ontario, Canada)
What is the current state of the law on personal injury representation in personal injury cases? (Ontario, Canada)
How have courts struck down allegations of breach of fiduciary duty in pleadings against police officers and vicariously the police services board and police chief? (Ontario, Canada)
Is there any case law or case law that supports the argument that a breach of the law by an individual who has committed acts of contempt of court? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.