E69| Search incident to arrest. Distance, delay & the common law way!
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In this episode, Mike shares his response to the criticism levelled against a police officer who, after arresting the driver of a vehicle for PPT, had the vehicle towed to the police station and searched it without a warrant. Did the distance and delay of the search — from the place and time of arrest — render a search of the vehicle outside the permissible scope of the common law doctrine of search incident to arrest? Can the police move a vehicle to properly search it? Or must a search incident to arrest follow immediately on the heels of an arrest?
References: Hunter v. Southam, [1984] 2 SCR 145; Fleming v. Ontario, 2019 SCC 45; R. v. Stairs, 2022 SCC 11; Allen v. Alberta (Law Enforcement Review Board), 2013 ABCA 187; R. v. Caslake, [1998] 1 SCRT 51; R. v. Stillman, [1997] 1 SCR 607; R. v. Saeed, 2016 SCC 24; Cloutier v. Langlois, [1990] 1 SCR 158; R. v. Lim (No. 2), 1990 1 CRR (2d) 136; R. v. Nolet, 2010 SCC 24; R. v. Stebeleski, 2007 MBCA 1; R. v. Condon, 2006 BCCA 318; R. v. Washington, 2007 BCCA 540; R. v. Asp, 2011 BCCA 433; R. v. Frederickson, 2018 BCPC 296; R. v. Bakal, [2019] O.J. No. 6839 aff'd 2021 ONCA 584; R. v. Andrews, 2004 MBCA 60. Most of these cases can be found at canlii.org.
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