E129| A raised shirt, an underwear waistband & a baggie of blow. When is a search a 'strip search'?
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In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Samuels, 2025 ONCA 736 where police arrested a man for drug trafficking and searched him at the scene incident to arrest by lifting his shirt and removing a bag of drugs sticking out from his underwear waistband. The man's sweatpants were then lowered to his knees, exposing a pair of jeans underneath, so officer's could search his pockets. Police found a trove or drugs and drug-related evidence. Did these searches amount to a "strip search" such that special rules applied? Or were they more akin to a pat-down or frisk search, requiring no additional justification? Listen to learn on which side of this issue Ontario's top court fell?
References:
- Lower court ruling (R. v. Samuels, 2023 ONCJ 596).
- Sentencing decision (R. v. Samuels, 2023 ONCJ 597).
- R. v. Choi, 2021 BCCA 410.
- R. v. Golden, 2001 SCC 83.
Thanks for listening! Feedback welcome at legalissuesinpolicing@gmail.com
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