E35| Safety search trigger: Immediate attack, imminent threat or informed risk?

Legal Issues In Policing · May 13, 2023 · 30m

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In this episode, Mike discusses the BC Court of Appeal decision R. v. Dhillon, 2023 BCCA 38 where a police officer stopped a man for traffic reasons but safety concerns led to a pat-down, an investigative detention for drug trafficking and the discovery of a loaded handgun in a man-purse. The man argued an "imminent threat" to an officer (or to the public) was necessary for a safety search to be lawful and that such a threat did not exist in this case. What did the BC Court of Appeal say about this? Listen and learn. Your life…