The article entitled “Supreme Court of Canada Raises Standard for Police to Search a Home Incident to Arrest for Safety, Upholds Warrantless Search of Basement”, explores the Supreme Court of Canada’s decision to step in and modify legal standards for searches, in order to balance law enforcement objectives with different types of privacy interests.
In R. v. Stairs, the Supreme Court of Canada recently modified the common law on searches incident to arrest for safety purposes where the search occurs inside the arrested person’s home, imposing a higher standard to search parts of a home that are outside the physical control of the arrested person.
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