What is the current state of the common law on the power of the police to search an arrested person and his immediate surroundings?
British Columbia, Canada
The following excerpt is from HMTQ v. Billings, 2004 BCSC 392 (CanLII):
The common law recognizes the discretionary power of the police to search an arrested person and his or her immediate surroundings so long as the search is not abusive and any physical or psychological force is directly proportional to the valid objectives of the search. This power was developed to guarantee the safety of the police and the accused, to prevent the accused’s escape and to provide evidence against him or her: Cloutier v. Langlois (1990), 1990 CanLII 122 (SCC), 53 C.C.C. (3d) 257 at p.274 (S.C.C.).
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