Mehdi Au LLP has experienced criminal lawyers who would be happy to meet with you to go over your case. The best way to protect yourself if you are charged with a crime is to contact a criminal lawyer as soon as possible.
There are a number of different searches that the police can conduct on your person including frisks, partially clothed and full strip searches. A Strip search is defined as the removal or rearranging of clothing to permit a visual exam of the breasts (for women), genitals and/or anal region. As an invasive procedure, strip searches are subject to several procedural hurdles before they can be lawfully completed. The leading Supreme Court case dealing with strip searches is R v Golden, wherein the Supreme Court made several important findings in relation to strip searches. In that case the court recognized that strip searches are inherently humiliating and degrading, as such they are only to be carried out in narrow circumstances.
A strip search likely does not require a warrant following an arrest where the police have “reasonable and probable grounds” to believe that conducting a strip search is necessary either to preserve evidence or find a weapon to protect their and/or bystander safety. Further the court found that they can only be carried our “in the field” (outside of the police station) where the police can show it was urgent to protect safety.
The Supreme Court came up with a number of factors to be used to determine whether or not a search was “reasonable” including:
- Was the search authorized by a superior/supervising officer?
- Was the search conducted in a safe manner?
- Was an officer of the same gender of the accused used where possible?
- Whether the number of officers was no more than necessary?
- Was there was relative privacy for the accused other than the officer conducting search,
- Was there any more than necessary force used,
- Was the search done as fast as possible,
- Was there any physical contact with the anal/genital/breast region, and
- If there were items within a bodily cavity, was the accused given the chance to remove it themselves or with the aid of a medical official.
A criminal court will use those factors to judge each individual strip search that comes before them to determine whether or not it was reasonably conducted within the circumstances. A finding in favour of the accused could potentially exclude certain evidence at trial or warrant other Charter remedies.
Mehdi Au LLP has experienced criminal lawyers who would be happy to meet with you to discuss your matter. We accept private and Legal Aid retainers from low income individuals.
Disclaimer: Use of this site and sending or receiving information through it does not establish a solicitor / client relationship. The views expressed and the content provided on this blog is for non-profit educational purposes. It is not, and is not intended to be, legal advice on any specific set of facts. The use of this website does not create a solicitor-client (attorney-client) relationship. If you require legal advice, you should contact a lawyer directly.Back