Mr. Mammadov was arrested for impaired driving due to, among many other things, driving southbound in the northbound lane on Yonge Street. After the investigation was complete, the main investigating officer testified that a strip search was conducted because he was worried that Mr. Mammadov was carrying something that he might use to harm himself. However the officer in charge testified that once he made the determination to lodge an individual in cells, that person would be subjected to a strip search as a matter of routine. Upon learning this, the Crown properly conceded a violation of section 8. Mr. Mammadov then applied to have his charge stayed but the trial judge refused to grant a stay and the Ontario Court of Appeal upheld that ruling:
Only if there is objective evidence to justify a strip search of an accused person can one be conducted. This is not a case in which the police lacked the reasonable and probable grounds to conduct a search of Mr. Mammadov: (1) he had disposed of unknown items at the scene of the collision; (2) he had tried to flee; (3) he was severely impaired; and (4) he vomited twice while in custody. R. v. Mammadov, 2014 ONCA 328