What is the scope of a police search incident to arrest?

Ontario, Canada


The following excerpt is from R. v. Quinn, 2016 ONSC 5364 (CanLII):

Search incident to arrest is not limited to items on the accused’s person. Police may search anything in an arrested person’s “possession” or “immediate surroundings” to guarantee the safety of the police and the accused, prevent the prisoner's escape or provide evidence against him or her: Cloutier v. Langois, 1990 CanLII 122 (SCC), [1990] S.C.J. No. 10.

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