POWERS OF SEARCH AND SEIZURE - Search - Warrantless searches - Search incidental to arrest - Strip search

Law360 Canada ( April 14, 2022, 2:21 PM EDT) -- Appeal by Tim from a judgment of the Alberta Court of Appeal that affirmed his convictions for weapons and drugs offences, dismissed. After a traffic collision, an officer observed the appellant try to hide a small bag that contained a single yellow pill. The officer correctly recognized the pill as gabapentin, which he mistakenly believed was a controlled substance under the Controlled Drugs and Substances Act. The officer arrested the appellant for possession of a controlled substance. The officer conducted a pat-down search of the appellant and a search of his vehicle incident to arrest and found fentanyl, other illegal drugs and ammunition. After the officer saw bullets falling from the accused’s pants, he conducted a second pat-down search, during which a loaded handgun fell from the appellant’s pants. The appellant was strip searched at the police station, but no further evidence was found. The trial judge dismissed the appellant’s application to exclude evidence, finding the warrantless arrest did not violate s. 9 of the Charter. He convicted the appellant of several drug and firearms offences. The Majority of the Court of Appeal found no breaches of sections 8 or 9 of the Charter and dismissed the appeal....
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