As a Civilian – Can you search that person you have arrested?

CASE LAW:

The defense argued that the accused had returned to the store to continue to steal, thus the offence was still continuing. The crown was arguing that this situation was not “on-going” in nature and that the shopkeeper had no rights as a citizen to make the arrest. Based on the evidence, the charges were dismissed against the shopkeeper.

CASE LAW:

On December 23, 2000, in Winnipeg at around midnight, two police officers responded to a break and enter. While searching the neighbourhood, they spotted a young man matching the description of the suspect. He was described as a 21 year-old, 5 foot 8, Aboriginal male in a black jacket. The officers stopped the man, asked him some questions, and then gave him a pat-down. When patting the man down, the officer noticed a soft object in one of his pockets. The officer reached in and pulled out a bag containing 27 grams of marihuana.

Justice Laccobucci held that where a police officer detains a suspect on reasonable grounds they are allowed to give a pat-down only as a protective measure. Any search for the purposes of detecting and collecting evidence will not have been on reasonable grounds

CASE LAW:
The police, during a murder investigation in 1991, entered the accused's house (an equipment trailer) without permission. When they received no answer at the door, they entered, roused the accused, touched his leg, ordered him to get up and took him to the front of the trailer for better lighting. The police arrested him after seeing blood on his shirt. Following a caution with respect to the right to counsel but not the right to immediate counsel, the police asked the accused a couple of questions which he answered. The accused's shirt was seized and he was taken to the police detachment where, before the accused had consulted with counsel, further statements and the accused's fingerprints were taken. The police seized cash, cigarettes and shoes under a warrant obtained on the basis of the initial search of the trailer (the shirt and shoes), the initial interview (the shoes) and the later interview at the detachment (the cash under the mattress).