What is the test for a search warrant to be validly undertaken incident to arrest?
Ontario, Canada
The following excerpt is from R. v. Whyte, 2010 ONSC 979 (CanLII):
The power of search incident to arrest is well established. Three conditions need to be satisfied in order for the search to be validly undertaken incident to an arrest: i. The arrest is lawful, ii. A logical connection between the nature of the search and the offence for which the accused was arrested, and iii. The search was carried out in a reasonable manner. See Cloutier v. Langlois (1990), 1990 CanLII 122 (SCC), 53 C.C.C.(3d) 257 (S.C.C.).
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