Not exact matches
For a
search to be authorized as an
incident to arrest, there must first be
reasonable and probable grounds to arrest.
A penile swab does constitute a significant intrusion on the privacy interests of the accused, but police may nonetheless take a swab
incident to arrest if they have
reasonable grounds to believe the
search will reveal and preserve evidence of the offence the accused was arrested for (here, sexual assault causing bodily harm), and the swab conducted in a
reasonable manner.
A penile swab does constitute a significant intrusion on the privacy interests of the accused, but police may nonetheless take a swab
incident to arrest if
reasonable grounds to believe
search will reveal and preserve evidence of the offence for which the accused was arrested (here, sexual assault causing bodily harm), and swab conducted in a
reasonable manner.