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Canada police 'can search phones' after arrest | Canada police 'can search phones' after arrest |
(about 4 hours later) | |
Canadian police can search the contents of a mobile phone after arrest, the Supreme Court of Canada has ruled. | Canadian police can search the contents of a mobile phone after arrest, the Supreme Court of Canada has ruled. |
In a 4-3 decision, the court said a warrant was not needed as long as the search is directly related to the suspected crime and records are kept. | In a 4-3 decision, the court said a warrant was not needed as long as the search is directly related to the suspected crime and records are kept. |
The dissenting judges argued phones were an "intensely personal and uniquely pervasive sphere of privacy". | The dissenting judges argued phones were an "intensely personal and uniquely pervasive sphere of privacy". |
The outcome is opposite from a similar case decided in the US Supreme Court in June. | The outcome is opposite from a similar case decided in the US Supreme Court in June. |
In a unanimous decision, the US high court said searches of mobile phones must require a warrant, with few exceptions. | In a unanimous decision, the US high court said searches of mobile phones must require a warrant, with few exceptions. |
Canada's lower courts were previously divided on the issue. | Canada's lower courts were previously divided on the issue. |
'Overly complicated' | 'Overly complicated' |
On Thursday, the Supreme Court of Canada ruled in the case of Kevin Fearon, who was convicted of robbery with a firearm after police searched his phone. | On Thursday, the Supreme Court of Canada ruled in the case of Kevin Fearon, who was convicted of robbery with a firearm after police searched his phone. |
The search was made after he was arrested but before police had a warrant to search his vehicle and other belongings. | The search was made after he was arrested but before police had a warrant to search his vehicle and other belongings. |
They found a draft text message in his phone with a picture of a gun and the words "We did it". | They found a draft text message in his phone with a picture of a gun and the words "We did it". |
The high court dismissed Fearon's appeal against his conviction, but outlined rules for how police should handle mobile phone searches. | The high court dismissed Fearon's appeal against his conviction, but outlined rules for how police should handle mobile phone searches. |
"In my view, we can achieve that balance with a rule that permits searches of cell phones incident to arrest, provided that the search - both what is searched and how it is searched - is strictly incidental to the arrest and that the police keep detailed notes of what has been searched and why," Justice Thomas Cromwell wrote in the opinion. | |
The three judges in the minority said existing law "already provides flexibility where there are exigent circumstances" for a warrantless search, including safety of the public or to prevent destruction of evidence, and should be limited to these instances. | The three judges in the minority said existing law "already provides flexibility where there are exigent circumstances" for a warrantless search, including safety of the public or to prevent destruction of evidence, and should be limited to these instances. |
"The intensely personal and uniquely pervasive sphere of privacy in our personal computers requires protection that is clear, practical and effective," Judge Andromache Karakatsanis wrote for the minority | "The intensely personal and uniquely pervasive sphere of privacy in our personal computers requires protection that is clear, practical and effective," Judge Andromache Karakatsanis wrote for the minority |
The majority had provided an "overly complicated template" for police to follow, she added. | The majority had provided an "overly complicated template" for police to follow, she added. |
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