Can a search warrant be used to seize 392 pounds of marijuana seized during a search for evidence incidental to a valid arrest?
Canada (Federal), Canada
The following excerpt is from R. v. Nolet, [2010] 1 SCR 851, 2010 SCC 24 (CanLII):
The trial judge held the arrest to be invalid, but added, “If I am wrong about the arrest, I would nevertheless find that once the arrest was made, there were no exigent circumstances that required the officers to further search the trailer without first obtaining a search warrant” (para. 32). However, the basis of the warrantless search was not “exigent circumstances” but connection or relatedness, i.e. to trigger the common law authority to search for evidence of the crime to which the arrest related: Cloutier v. Langlois, at p. 186. In my view, the seizure of the 392 pounds of marijuana was Charter compliant as it was discovered during a valid search for evidence incidental to a valid arrest. J. The Subsequent “Inventory” Search of the Cab by Corporal Houston Was Invalid
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