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Can the police search you?

Region: Ontario Answer # 744

The police can generally search you, your clothing, and anything you are carrying in five circumstances. These are:

  1. When you agree to let the police search you;
  2. When the police have some reason to believe that you have committed, or are in the middle of committing an offence involving weapons;
  3. When you are in a place where the police are searching for drugs and they believe that you have drugs;
  4. When you are in a car where there is alcohol; and
  5. When you are arrested.

If you have been charged with a crime, it is important to hire an experienced criminal defence lawyer as soon as possible. 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.

Get Help

To erase your criminal record, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.

If you have been charged with a crime and need a criminal defence lawyer, contact our preferred criminal defence expert, Calvin Barry Criminal Lawyers.

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