What is the test for obtaining a warrant to search a person's body?

British Columbia, Canada


The following excerpt is from R. v. Vu, 1999 BCCA 182 (CanLII):

In my judgment, principles extracted from authorities such as Hunter v. Southam and cases based upon it should not be extended so far, particularly as their facts were so different from the facts of this case. Although the cases cited above, and others, provide useful guidelines about the factors that are to be taken into account, such as the reasons for the investigation, the grounds for suspicion (even if insufficient to obtain a warrant), the seriousness of the offence, the absence of a warrant, the non-invasive look at the body of the suspect, and the degree of privacy infringement, it should not be said, in my respectful view, that the actions of the police in this case were unreasonable.

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