Is a search conducted as an incident to arrest unlawful?
Saskatchewan, Canada
The following excerpt is from R. v. Kanciruk, 2006 SKPC 62 (CanLII):
28 The arrest itself was unlawful, so the search, conducted as an incident to arrest, was also unlawful as per R v. Stillman, 1997 CanLII 384 (SCC), [1997] 1 S.C.R. 607, at para. 27.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for conducting a search incident to arrest? (Saskatchewan, Canada)
Is a pat-down search of the person following his arrest outside his vehicle a reasonable search? (Saskatchewan, Canada)
What is the test for a search incident to arrest? (Saskatchewan, Canada)
Is a common law search power incidental to arrest an exception to the ordinary requirements for a reasonable search? (Saskatchewan, Canada)
Is a search conducted without a warrant prima facie unreasonable? (Saskatchewan, Canada)
Can a private person who makes an arrest justify doing so by showing that he had reasonable grounds to believe the arrest had been committed? (Saskatchewan, Canada)
What is the test for a search incidental to arrest? (Saskatchewan, Canada)
Can an employer be held liable for discriminatory conduct by a doorman? (Saskatchewan, Canada)
What is the test for making an arrest? (Saskatchewan, Canada)
What is the test for a search without a warrant under the Criminal Code of Canada? (Saskatchewan, Canada)
