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CRIMINAL LAW - Frequently Asked Questions

Do the Police have a right to check my vehicle upon being stopped?

The vast majority of police searches of vehicles are incident to an arrest. Upon a lawful arrest of an individual the police have the right to search the interior of a vehicle for officer safety and for evidence of an offence that they believe may have taken place. If the police have not arrested an individual then the police require the consent of the person who is in charge of the motor vehicle to search the vehicle. There is also an exception known as “plain view” doctrine, if something is in plain view of the officer then they can seize that item.

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This information is a brief summary for information purposes only and is applicable only in the Province of Ontario. It is not intended to be legal advice. Full and complete legal advice can only be given by a lawyer who has detailed information about your individual circumstances.