Can a search of the inside of a person's pocket be expanded to include a search for evidence against him?

Manitoba, Canada


The following excerpt is from R. v. Mann, 2002 MBCA 121 (CanLII):

36 Cloutier v. Langlois was, however, a case involving the search of an arrested person. The scope of such a search is not limited to a search for weapons, but includes a search for evidence against the person being searched. I do not see that situation being the same where the person being searched has only been temporarily detained for purposes of inquiry. Ordinarily, the search of such a person is limited to one for weapons. In that circumstance, I do not think it reasonable for the inside of pockets to be searched absent a finding on the pat-down search of something that may be or could conceal a weapon.

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