A police sergeant was charged with sexual assault for conducting a strip search of a detainee in police custody.
The detainee, arrested for public intoxication, became violent and assaultive during a pat-down search, kicking and injuring a female cellblock attendant.
The sergeant subsequently cut off the detainee's shirt and bra using safety scissors while she was restrained on the floor.
The Crown alleged the strip search was retaliatory and conducted without lawful authority.
The defence argued the search was justified by exigent circumstances and conducted for valid law enforcement purposes.
The court found the search was justified under section 25 of the Criminal Code based on the constellation of exigent circumstances, including the detainee's violent and assaultive behaviour, the need to complete the search for weapons and contraband, and the practical impossibility of waiting for another female officer.
The charge was dismissed.
