[tag:canada]

A post-arrest search of a home for related evidence would normally be justified by a search warrant as provided by [s. 487 of the *Criminal Code*][1].

For an example, see *R. v. Lichtenwald*, [2018 SKQB 114][2]: a person was arrested for "trafficking cocaine and methamphetamine, proceeds of crime and possession for the purpose of trafficking cocaine and methamphetamine. ... The Integrated Drug Unit then took steps to obtain a search warrant for the accused’s home."

Where the arrest happens *in* the home itself, a tailored, warrantless search incident to arrest may also be justified by a suspicion of a safety risk to the police (*R. v. Stairs*, [2022 SCC 11][3]). This cannot be a wide reaching search for evidence in the home; that would require a search warrant.


  [1]: https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec487
  [2]: https://canlii.ca/t/hrwmb
  [3]: https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/19298/index.do