Officers maintain the ability to conduct searches of persons and their property and seize evidence. These powers infringe on the liberty of the individual. There must be a balance between the interests of the individual to be free from intrusions of the state against the state’s interest in pursuing credible tips to maintain peace and order. The Charter protects the individual’s rights against unreasonable search and seizure (S. 8).
When are Police Legally Allowed to Search Me?
The police generally do not have the power to search you. They can search you once you have been placed under arrest. If there has been a valid arrest, the officers are entitled to conduct a search. They cannot do a full-body search but can conduct a ‘pat-down’, this is called a search incident to arrest.
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