E84| Search incident to arrest. Just like school — show (explain) your work!
Update: 2024-11-19
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In this episode, Mike discusses the Ontario Court of Justice decision R. v. Hoggar, 2024 ONCJ 546 where an officer found drugs, a loaded handgun and extended magazines after arresting a man for PPT, towing his vehicle to a private garage, searching more than an hour later, all while using a K9 to sniff it and dismantling its door panels. No exigent circumstances existed nor did the officer obtain a search warrant. Did the delay and manner in which the warrantless search incident to arrest was conducted render it unlawful? Or was there some reasonable basis for the officer to do what he did?
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