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| Patrick J Ducharme |
Continued from a series of articles on Border Searches.
The Mann case must be read in conjunction with these cases. A detention must be lawful prior to any search incidental to arrest or detention. Extraordinary searches, such as strip searches, require that the prosecution justify the extraordinarily intrusive nature of a strip search by the circumstances.7 Strip searches are intrusive by their very nature. They will be allowed only when certain pre-conditions are met and the search is conducted reasonably.
The above is the an excerpt of Patrick J Ducharme's book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
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