The Supreme Court of Canada has ruled in a 4-3 decision that law enforcement can search someone’s phone when they get arrested—but that such a search must be directly connected to that arrest and the officers must keep detailed notes.
The Canadian decision offers a significant difference between a related decision (Riley v. California) from the United States Supreme Court, which ruled 9-0 in June 2014 that law enforcement cannot search an arrestee’s phone unless they have a warrant.
The Canadian case, known as Kevin Fearon v. Her Majesty the Queen, revolves around a woman operating a jewelry stall in July 2009 at a flea market in Toronto’s Downsview neighborhood. Toward the end of the day, as the victim was packing up, she was held at gunpoint by two men and was ordered to open her car. The men took an estimated CAD$10,000 ($9,800) to CAD$40,000 ($39,200) worth of jewelry.
Read 5 remaining paragraphs | Comments