E65| Search incident to arrest. Was looking for evidence of motive — WHY someone might flee — proper?
Update: 2024-05-29
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In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Dautruche, 2024 ONCA 426, where an officer found cocaine in a vehicle he had searched after arresting its driver who had fled from a traffic stop and crashed. The officer claimed his search of the vehicle was to find evidence of the driver’s possible motive for fleeing. Was a search for this purpose truly incidental to the arrest? Was there some reasonable basis for the officer to do what he did? Check out this episode for all sorts of information — including the ABCs — about searching a vehicle incident to arrest.
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