Area of Law: Criminal Law
Answer Number: 744
Can the police search you?Region: Ontario Answer Number: 744
When can the police search you?
The police can generally search you, your clothing, and anything you are carrying in five circumstances. These are:
- When you agree to let the police search you;
- When the police have some reason to believe that you have committed, or are in the middle of committing an offence involving weapons;
- When you are in a place where the police are searching for drugs and they believe that you have drugs;
- When you are in a car where there is alcohol; and
- When you are arrested.
In all these situations, you have the right to consult a lawyer, and you do not have to respond to any police questions.
If the police find something related to a different offence while they are legally searching you, they can charge you with that offence as well. For example, if the police search you because they believe you have a gun, and while searching you they find illegal drugs, they can charge you with a drug offence as well.
Although the police cannot conduct random searches, it is best not to become hostile or resist a police search. Resisting a search may result in a charge being laid against you. Instead, contact a lawyer as soon as possible and seek further information and advice.
If you have been charged with a criminal offence, contact our preferred experts:
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