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Article
Slippage and Ambiguity: the Uncertain 'Progress' of Search Incident to Investigative Detention
Articles, Book Chapters, & Popular Press
  • Steve Coughlan, Dalhousie University - Schulich School of Law
Document Type
Article
Publication Date
1-1-2019
Keywords
  • Appeals,
  • Appeal from Conviction or Acquittal,
  • Grounds,
  • Error of Law,
  • Charter,
  • Unreasonable Search and Seizure,
  • Reasonable Grounds,
  • Arbitrary Detention or Imprisonment
Abstract

In R. v. Webber the British Columbia Court of Appeal concludes that the power of search incident to investigate detention is available based on reasonable suspicion rather than reasonable grounds to believe. More accurately, on their own reasoning they conclude that it is still available on that basis, which points to the bigger issue. The underlying legal rule they articulate is questionable, but questioning it is at most a secondary focus of this article. The primary focus of this article is to consider the lessons about common law powers which are exhibited by the decision.

Citation Information
Stephen Coughlan, "Slippage and Ambiguity: the Uncertain 'Progress' of Search Incident to Investigative Detention" (2019) 56 CR (7th) 24.