Sentences with phrase «cell phone incident»

And that trend will hopefully continue with its upcoming Fearon decision on the ability to search cell phones incident to arrest.

Criminal Law: Search & Seizure; Cellphones R. v. Fearon, 2014 SCC 77 (35298) Searches of cell phones incident to arrest is permitted, provided the search (both what is searched and how it is searched) is strictly incidental to the arrest and police keep detailed notes of what has been searched and why.

The Court in Fearon cautioned that the police power to search a cell phone incident to arrest is not a «license to rummage around in the device at will.»

A 4 - 3 majority held that the police can search a cell phone incident to arrest without a warrant but subject to various limitations prescribed by the Court.

This is the leading decision concerning the warrantless search of the contents of a cell phone incident to arrest.

Finally, it has also been held that searches of cell phones incident to arrest are not permitted except in exigent circumstances, in which a «cursory» search is permissible: R. v. Liew, 2012 ONSC 1826 (CanLII).