Sentences with phrase «phone searches incidental»

Not exact matches

A cursory search of that phone incidental to the arrest revealed a text message from someone named «Simon».

[7] Accordingly, the Court found that a police officer may search a cell - phone incidental to an arrest where: [8]

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.

Both the nature and the extent of the search performed on the cell phone must be truly incidental to the particular arrest for the particular offence.

In practice, this will mean that, generally, even when a cell phone search is permitted because it is truly incidental to the arrest, only recently sent or drafted emails, texts, photos and the call log may be examined as in most cases only those sorts of items will have the necessary link to the purposes for which prompt examination of the device is permitted.

In other words, it is not enough that a cell phone search in general terms is truly incidental to the arrest.

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.