Saturday
Jan212012
SECTION 8 - VEHICLE SEARCH IS REASONABLE WHERE ACCUSED IS ARRESTED TO FOR DRUG IMPAIRED DRIVING

The accused was arrested for drug impaired driving. Police proceeded to search his vehicle for drugs and located some shotgun shells in knapsack in the trunk of the vehicle. The shells would later be linked to a murder investigation. The accused argued the search was unlawful. The court held that the search was lawful because its purpose was to locate evidence that would be helpful to the impaired driving offence. Police were entitled to search the entire vehicle incidental to the accused's arrest. R. v. Pearson, [2011] O.J. No. 5537