SCC Rules on Constitutionality of Post-Arrest Searches of Houses

In Rights by poladmin

On Friday April 8 the Supreme Court released its ruling in R v Stairs, a case that examined police authority to conduct a warrantless search of a house after a person has been arrested.
CCLA intervened in the case to argue that the police must have reasonable and probable grounds to search someone’s home incident to arrest.  In our view, the Charter should permit searches of a home incident to arrest in two specific circumstances: imminent risks to officer safety and imminent risks of the destruction of evidence.  The scope of the search of a home incidental to arrest must be limited by the purpose for which

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