(613) 695-8595
Cell (613) 863-8595 (24/7)
- Police can search a vehicle without a warrant in some circumstances - December 20, 2024
- Supreme Court of Canada says bail the ‘cardinal rule’ after an arrest - November 29, 2024
- Cryptocurrencies are often involved in securities fraud - November 1, 2024
By LegalMatters Staff • Some people may believe police cannot search their vehicle in Canada without a warrant, As with many things with law, the rules in this area are not that simple.
“The freedom from random vehicle searches is granted by s.8 of the Canadian Charter of Rights and Freedoms, when it states that people have the right to be secure against ‘unreasonable search or seizure,’” states Ottawa criminal lawyer Céline Dostaler. “However, the courts have ruled that motor vehicles carry a decreased expectation of privacy in contrast to a home or office, given that the use of public highways is a highly regulated activity. That allows police to search your vehicle without a warrant in certain circumstances.”
For example, if police have reasonable grounds to believe that your vehicle contains evidence of a crime, they can search without a warrant, she says
“’Reasonable grounds’ must be based on objective facts, not just suspicion,” says Dostaler. “As the Supreme Court of Canada has articulated, it is the point where the “state’s interest in detecting and preventing crime begins to prevail over the individual’s interest in being left alone at the point where credibly-based probability replaces suspicion.”
She explains that if a driver is lawfully arrested, the police can search their vehicle without a warrant in an attempt to locate weapons or evidence.
“They can also search your vehicle without a warrant if a roadside test indicates you are driving while impaired by drugs or alcohol,” says Dostaler. “They would be looking for evidence such as alcohol, drugs or drug paraphernalia.”
