What is the test for reasonable and probable grounds for conducting a search incident to arrest?

Ontario, Canada


The following excerpt is from R. v. Favorite, 2008 CanLII 13364 (ON SC):

A search incident to arrest does not require reasonable and probable grounds beyond the grounds that were sufficient to support the lawfulness of the arrest itself: Cloutier v. Langlois, 1990 CanLII 122 (SCC), [1990] 1 S.C.R. 158. However, the police must have had at the time some reason related to the arrest for conducting the search and that reason must be objectively reasonable: Caslake, supra., at para. 25.

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