Legal Issues In Policing
Legal Issues in Policing (LIIP) is the podcast blending the demands of the book with the rulings from the bench through the lens of the badge. Police Officers with a solid understanding of the law and their legal powers are more confident, competent and effective. Each episode will examine a legal issue in policing by reviewing current Canadian criminal case law from coast to coast to coast.
Legal Issues In Policing
E129| A raised shirt, an underwear waistband & a baggie of blow. When is a search a 'strip search'?
Provide your feedback here. Anonymously send me a text message.
In this episode, Mike discusses the Ontario Court of Appeal decision R. v. Samuels, 2025 ONCA 736 where police arrested a man for drug trafficking and searched him at the scene incident to arrest by lifting his shirt and removing a bag of drugs sticking out from his underwear waistband. The man's sweatpants were then lowered to his knees, exposing a pair of jeans underneath, so officer's could search his pockets. Police found a trove or drugs and drug-related evidence. Did these searches amount to a "strip search" such that special rules applied? Or were they more akin to a pat-down or frisk search, requiring no additional justification? Listen to learn on which side of this issue Ontario's top court fell?
References:
- Lower court ruling (R. v. Samuels, 2023 ONCJ 596).
- Sentencing decision (R. v. Samuels, 2023 ONCJ 597).
- R. v. Choi, 2021 BCCA 410.
- R. v. Golden, 2001 SCC 83.
Thanks for listening! Feedback welcome at legalissuesinpolicing@gmail.com