What is the test for the power of the police to search incidental to detention?

The power to search incidental to detention is based on Cloutier v. Langlois (1990), 1990 CanLII 122 (SCC), 53 C.C.C. (3d) 257 (S.C.C.) and is subject to the limits set out in that case (at p. 278), which are as follows: 1. The power does not impose a duty. The police have some discretion in conducting the search and can choose not to search if it is not required. 2. The search must be for a valid objective such as to ensure the safety of the police, the accused or the public, or that may facilitate escape or act as evidence against the accused. 3. The search must not be conducted in an abusive fashion and any physical or psychological constraint should be proportionate to the circumstances.