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In this episode, Mike discusses the BC Supreme Court decision R. v. Castle, 2022 BCSC 1292 where a police officer conducted a pat-down search of a cyclist who was riding his bike at night without a helmet or lights on his bike. Not only did the officer pat-down the cyclist, he removed a small box from the cyclist’s front hoodie pocket, opened it and discovered drugs. Were these pat-down, pocket and box searches justified as an incident to detention?
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