Difference between revisions of "Criminal Law and the Canadian Charter of Rights and Freedoms (1:IX)"

At common law, upon a lawful arrest an officer acquires an attendant right to search for officer safety and evidence (see ''R v Klimchuk'', [1991) 67 CCC (3d) 385 (BCCA). (Please review the section on Lawful Arrest above). Where no arrest has taken place, a peace officer may also acquire a more limited right to search for officer safety. If an officer has reasonable grounds to suspect that an individual has a specific  connection to a crime and detains that individual for further investigation, then incidental to this investigative detention, the officer may engage in a limited pat-down search confined in scope to locate weapons; see ''R v Mann'', [2004] 3 SCR 59. For more information on searches of the person, see ''R v Debot'' (1989), 52 CCC (3d) 193 (SCC), ''R v Ferris'', [1998] BCJ No 1415 (CA), and ''R v Simmons'' (1988), 45 CCC (3d) 296 (SCC).