Can a police officer search an apartment for persons during an arrest?

British Columbia, Canada


The following excerpt is from R. v. Sharpe, 2002 BCSC 213 (CanLII):

Doherty J.A. held that police officers need only have a legitimate concern for the safety of those at the scene to justify the exercise of their powers ancillary to arrest. He observed that the officers must make their assessment "on the spot with no time for careful reflection". He said at para.48: The exercise of the police power ancillary to an arrest does not require independent grounds for its exercise: Cloutier v. Langlois at p. 278. If the circumstances of an arrest give rise to a legitimate cause for concern with respect to the safety of those at the scene, reasonable steps to allay that concern may be taken. The nature of the apprehended risk, the potential consequences of not taking protective measures, the availability of alternative measures, and the likelihood of the contemplated danger actually existing, must all be considered. The officers making this assessment must, of course, do so on the spot with no time for careful reflection. In my opinion, a reasonable suspicion, based on the particular circumstances of the arrest, that someone is on the other side of a closed door with a loaded sub-machine gun, or that someone is lying injured on the other side of that door, creates a legitimate cause for concern justifying entry and search of the apartment for persons.

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