Can a search warrant be used against an accused who was not in the street at the time of his arrest?

Manitoba, Canada


The following excerpt is from R. v. Guiboche, 2004 MBCA 16 (CanLII):

62 The accused’s challenge is based on his presence in a dwelling-house at the time of his arrest. Had the accused been found on the street, it could not be disputed that, since the police at that point in time had reasonable and probable grounds to believe, and did believe, he had committed the crime in question, he could have been arrested, searched, and evidence seized, without any issue of infringement of rights. In Cloutier v. Langlois, 1990 CanLII 122 (SCC), [1990] 1 S.C.R. 158, L’Heureux-Dubé J. said (at pp. 180-81): [I]t seems beyond question that the common law as recognized and developed in Canada holds that the police have a power to search a lawfully arrested person and to seize anything in his or her possession or immediate surroundings to … provide evidence against him.

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