Quote:
Originally Posted by Bent Wookie
You are misinformed. While police need a specific reason for the search even incident to arrest, there are other reasons to conduct a search.
So, if you commit an offence, and the law permits the seizure, it's completely reasonable and lawful. No different that having a motor vehicle seized for a traffic or criminal offense.
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I'm not misinformed. I know this stuff pretty well. The search must be related to the arrest reason and limited to the scope of either officer safety, the preservation of evidence or the discovery of new evidence. Specifically, a person may only be searched for purposes of ensuring the safety of the police and public, protection of evidence from destruction at the hands of the arrestee or others, or discovery of evidence which can be used at the arrestee’s trial. The search must be for a valid objective in pursuit of the end of criminal justice; i.e. the discovery of an object that may be a threat to safety, facilitate escape, or act as evidence against the arrestee.
How the policy underlying this type of search relates to taking someone's cell phone for talking while driving, I do not understand.