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This is only the very briefest glimpse into the topic of police searches and seizures. The subject can, and does, fill many books.
As we have mentioned, the police have the right to search someone being arrested, as well as their car, if they are in one. The main justifications for this are to check for weapons, and for evidence of the alleged offence that may otherwise be destroyed by the suspect.
This is an example of a power of search and seizure that comes from the common law (rules made over the years by judges). Authority for a search may instead come from a search warrant issued under the Criminal Code, [see sections 487 to 490], or from some other federal statute (typically, drug law) that may allow police to search in some circumstances without a warrant.
Any authorization for search and seizure, whether from statute or the common law, must comply with s. 8 of the Charter of Rights and Freedoms, which says simply "Everyone has the right to be secure against unreasonable search or seizure".
Even if the search is legally authorized, it must also be carried out in a reasonable way, or it may still violate the Charter.
Attacks on legislation as being unconstitutional are made under s. 52 of the Constitution Act. The most common remedy, though, for an accused at trial, is found in s. 24 of the Charter: evidence found by the police in violation of the accused's s. 8 Charter rights will sometimes be ruled inadmissible by the judge under s. 24(2), and if the evidence is crucial to the prosecution's case (for instance, where the accused is charged with possession of a narcotic, and the evidence is the narcotic), this may lead to an acquittal.
The Supreme Court of Canada has said that use of evidence (even so-called "real" evidence such as narcotics, weapons, etc.) obtained as a direct or indirect result of a breach of the accused's Charter rights can make the trial - and any resulting conviction - unfair, and if so should not be permitted.
This is not necessarily so, though, if the evidence could have been produced by the police in some other, legitimate, way.
The law libraries are full of good texts on this subject. If you want more details, search there, seize one, find a quiet corner, and read all the details at your leisure. Better still, get competent legal advice.
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FIRST LINE CRIMINAL LAW INFORMATION