[1] This court is asked to carve out a cell phone exception to the common law doctrine of search incident to arrest... (slaw.ca)
If we were to try to guess what the Court would say for search incident to arrest, we can only perhaps derive that searches of computers and cellphones are different from other «containers.» (slaw.ca)
In R. v. Fearon, 2015 SCC 77, a bare majority held that the common law police power to search incident upon a lawful arrest survived the Charter «s protection of the right of privacy, albeit with some limitations as imposed by Justice Cromwell (for the majority). (constitutionalcanadian.com)