Sentences with phrase «phone search incident»

The majority allows warrantless searches, in part, based on a finding that the privacy impact of a cell phone search incident to arrest can be meaningfully mitigated by the application of a «tailored» inspection.

Not exact matches

Our answer to the question of what police must do before searching a cell phone seized incident to an arrest is accordingly simple — get a warrant,» he wrote.

R. v. Fearon, 2014 SCC 77 held that the police can search your phone as part of a search incident to arrest but they put rules in place so it does not violate your right to be free from unreasonable search and seizure as the Charter of Rights and Freedoms requires.

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

As a result of a search incident to arrest, Constable Funk located other illicit drugs along with a cell phone on the accused.

The additional concern with the app is that under R. v. Fearon (SCC), there is now a right for police to search phones incident to arrest.

[1] This court is asked to carve out a cell phone exception to the common law doctrine of search incident to arrest...

Nevertheless, under similar circumstances, the court in v. Powell (2017) also found that the complete «data dump» of all the information contained on the accused cell - phone conducted thirteen days after the initial arrest was beyond the scope of a search incident to arrest.

In addition to criminal search powers incident to arrest and search powers authorized by warrants, the Canadian Border Service Agency believe they may also search one's cell phone upon an exit or entry at the border pursuant to the Customs Act.

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.

For example, I do not, by way of these reasons, intend to disturb the law that applies when a computer or cellular phone is searched incident to arrest or where exigent circumstances justify a warrantless search.

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.

The majority held that in balancing the objective of law enforcement and personal privacy interests, cell phone could be searched incident to arrest with three modifications:

The first is to hold that the power to search incident to arrest generally includes the power to search cell phones, provided that the search is truly incidental to the arrest: R. v. Giles, 2007 BCSC 1147 (CanLII); R. v. Otchere - Badu, 2010 ONSC 1059 (CanLII); Young v. Canada, 2010 CanLII 74003 (NL PC), 2010 CanLII 74003 (Nfld.

The capacity of a phone to «potentially store volumes of information does not, in my view, change the character of the search from being lawful as incident to arrest,» stated B.C. Supreme Court Justice Anne MacKenzie in 2007's R. v. Giles.

Leave has been sought of an Ontario Court of Appeal ruling this spring that declined to set out any new principles or decide if police require a warrant to search any mobile phone seized 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).