R. v. Bracchi, 2005 BCCA 461
[4] A search incidental to arrest will be valid if the arrest out of which it arose was valid. For that proposition see R. v. Caslake (1998), 1998 CanLII 838 (SCC), 121 C.C.C. (3d) 97 at para. 13 (S.C.C.). The warrantless arrest in this case was authorized by s. 494 of the Criminal Code so long as the arresting officer believed on reasonable grounds that the respondent was in the course of committing an indictable offence. The standard of proof is that of reasonable probability, that is, the arresting officer must subjectively have reasonable and probable grounds to arrest and, as well, the grounds must be justifiable from an objective point of view. That test is set out in R. v. Storrey (1990), 1990 CanLII 125 (SCC), 53 C.C.C. (3d) 316 at p. 324 (S.C.C.).
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