The accused brought a Charter application to exclude 25.3 grams of cocaine found in his underwear during a strip search at a police station.
The accused was initially arrested during a high-risk takedown following a 'gun call' from a citizen.
A search incident to arrest revealed marijuana and cash, leading to drug charges and the subsequent strip search.
The accused argued the police only had grounds for an investigative detention and exceeded their authority by searching his pockets.
The court dismissed the application, finding the police had reasonable and probable grounds to arrest based on the detailed citizen complaint, and alternatively, that a pocket search would have been justified during an investigative detention given the safety concerns.
The court also held that even if a Charter breach occurred, the evidence would not be excluded under s. 24(2).
