What is the common law common law authorizes a search incident to a lawful arrest?
Ontario, Canada
The following excerpt is from R. v. Francis, 2020 ONSC 391 (CanLII):
The common law authorizes search incident to a lawful arrest. It requires neither a warrant nor independent reasonable and probable grounds. This is justifiable because the arrest itself requires reasonable and probable grounds or an arrest warrant. If the arrest itself is later found to be invalid then the search will also be invalid. Cloutier v. Langois, 1990 CanLII 122 (SCC), [1990] 1 S.C.R. 158, at pp. 182, 184, 185.
"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
Does a common law common law judge have the authority to order a foreign divorce? (Ontario, Canada)
What is the common law common law principle of reasonable notice in employment agreements? (Ontario, Canada)
When will a common law heir of a deceased testator's estate in Canada be entitled to inherit common law land in Canada? (Ontario, Canada)
What constitutes constructive dismissal in common law Canadian common law? (Ontario, Canada)
How have common-law spouses been excluded from the presumptive common law protections? (Ontario, Canada)
What is the test for a motion to sustain a common law common law tort for breach of a statutory requirement? (Ontario, Canada)
Does a common law spouse have a duty to perform unpaid work for her common law partner? (Ontario, Canada)
What is the test for the use of a motion of common law common law for unjust enrichment? (Ontario, Canada)
What is the law relating to the power of the police to search a person incidental to a lawful arrest? (Ontario, Canada)
What are the implications of a family law case law review of the applicable provisions and case law principles for costs in family law? (Ontario, Canada)
