Is a pat-down search of the person following his arrest outside his vehicle a reasonable search?
Saskatchewan, Canada
The following excerpt is from R. v. Tosczak, 2010 SKCA 10 (CanLII):
We are of the opinion the trial judge correctly found that the pat-down search of the appellant’s person following his arrest outside his vehicle amounted to a reasonable search because it was conducted lawfully and reasonably as a search incidental to a lawful arrest: Cloutier v. Langlois, 1990 CanLII 122 (SCC), [1990] 1 S.C.R. 158.
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