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  • Police Don't Need a Warrant to Search Cell Phones in Canada According to Court Ruling


    We reported just yesterday that Iowa was looking to get an app developed for driver’s licenses so that a physical license will no longer need to be carried around. However, recent reports are saying that the Supreme Court of Canada have made a 4-3 decision that during arrests, police officers can search mobile phones without a warrant under specific circumstances. If you ask us, it seems like these two are on complete opposite ends of the spectrum. Police officers will need a rational reason behind the search, the arrest has to be lawful, detailed records of the search must be kept by officers, and the search is limited to suspected crime. According to Justice Andromache Karakatsanis on behalf of three dissenting judges:

    I doubt not that police officers faced with this decision would act in good faith, but I do not think that they are in the best position to determine ‘with great circumspection’ whether the law enforcement objectives clearly outweigh the potentially significant intrusion on privacy in the search of a personal cellphone or computer. If they are wrong, the subsequent exclusion of the evidence will not remedy the initial privacy violation.
    <iframe src="http://globalnews.ca/video/embed/1722617/" width="670" height="437" frameborder="0" allowfullscreen></iframe>

    The three judges did not agree with the conclusion and felt that officers should indeed have a warrant in order to search mobile devices. It was noted that apparently the court was trying to come to a decision where Canadian citizens could steer clear of unlawful searches while law enforcements could be upheld. We feel that the ruling will definitely be a controversial one and that if this ever happened in the U.S., we would hear no end to it.

    Source: Global News
    This article was originally published in forum thread: Police Don't Need a Warrant to Search Cell Phones in Canada According to Court Ruling started by Akshay Masand View original post
    Comments 4 Comments
    1. SpiderManAPV's Avatar
      SpiderManAPV -
      I really REALLY hope this never passes in America. Can't say it wouldn't surprise me though.
    1. luvmytj's Avatar
      luvmytj -
      What surprises me is that Canada made this law. And beware, police CAN search your phone without warrant if you leave it open with no passcode. They cannot force you to give up your passcode without a warrant. Your phone & laptop are subject to search without a warrant at border crossings also.
    1. SpiderManAPV's Avatar
      SpiderManAPV -
      Quote Originally Posted by luvmytj View Post
      What surprises me is that Canada made this law. And beware, police CAN search your phone without warrant if you leave it open with no passcode. They cannot force you to give up your passcode without a warrant. Your phone & laptop are subject to search without a warrant at border crossings also.
      This is one of the reasons why everything I own has a password of some form if possible.
    1. bigboyz's Avatar
      bigboyz -
      Slowly but surely that Police State is creepy up on us. Reality can be stranger than fiction.