Supreme Court rules No warrant needed to search phone Posting using phone...title got screwed up.. US Court recently voted opposite in a similar hearing. (warrant needed to search phone) Canada police 'can search phones' after arrest - BBC News Quote:
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I have mixed views with this. On one hand, if I have nothing to hide, then I might as well allow the cops to search my phone. But on the other hand, this is essentially giving more powers to the police to invade our personal privacy. |
If you lock your phone the police can't search it. |
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are criminals smart enough to realize this? |
hahhaha i remember watching an episode of border security where they got this guy who said he "forgot" his berry's pass. They tried everything but in the end they couldn't do anything. i'd say the same if my phone ever gets confiscated. |
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I just delete messages and phone calls once a week. It saves up that tiny amount of extra space I can use for saving more pictures. :lawl: |
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Nobody can force you to disclose your password. Anything you say can only harm you. 2010 QCCA 1108 - No.: 500-10-004195-085 Regarding whether, under subsection 24(2) of the Charter, using this evidence would likely bring the administration of justice into disrepute, he noted that the respondent was compelled to hand over his computer password to Detective Sargeant Cloutier and, therefore, was conscripted into providing evidence against himself. I feel that soon the procedure at traffic stops for use of electronic devices will be "give me your phone" and then the charging officer will take a photo of the call log, recent SMSes, and recent emails to further prove their case. I can nearly guarantee that there will be further investigation if they notice something "unusual" in their initial perusal of your phone. |
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Cops can only search your phone if you get arrested anyways.. So what does it matter? They're not gonna search through your phone for a fucking traffic violation. If you're a criminal, you've got no fucking rights. As for CBSA or at the border, yeah if you get pulled aside by them, they're allowed to search through your phone. |
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But I think your point is, it's upon search incident to arrest where they can search your phone if have reasonable grounds to do so, to which I agree with your point. A traffic ticket isn't an arrest. They are supposed to take detailed notes and only search as much as necessary but i'm sure that will be abused. The thing is, the police already have the power to search you and your phone through the criminal code based on reasonable grounds when it comes to search incident to arrest. I don't think this case really changes much other than providing police with a SCC decision of justifying a search of your phone rather than quoting whatever provision in the criminal code. I think it matters in the small scenario where say you get arrested for whatever reason, maybe being a intervener in a fight where you aren't really doing anything "criminal." The police then gets a hold of your phone and finds pictures of a few months ago where you and some friends had a bunch of weed or coke for personal use. Just becomes more bullshit you have to deal with which wouldn't have otherwise came up. Although the chances of something like this are very little and I doubt police would really do that. Either way, I don't think this makes a difference in how things are being done now. If you were dealing drugs and get arrested, theres no difference with a cop searching your phone while you're sitting in the car waiting to get taken to jail compared to them taking you to jail and while you're sitting there they get a warrant, which they will no doubt be granted, and search it. This just speeds up the process. |
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R. v. Turcotte, [2005] 2 SCR 519, 2005 SCC 50 Since there was no duty on Mr. Turcotte’s part to speak to the police, his failure to do so was irrelevant; because it was irrelevant, no rational conclusion about guilt or innocence can be drawn from it; and because it was not probative of guilt, it could not be characterized for the jury as “post-offence conduct”.In practice? It's up to the police to use their discretion in investigating you. If you're being suspicious as fuck and not saying a word, they will be as suspicious as fuck towards you. Sure the reason for continued investigation or probable cause for search may not "officially" be you being silent; but it sure will cause them to continue detective work to find something else. In personal experience? I've never replied to a question that a police officer has asked me. I was never delayed more than 2-3 minutes. Silent situations include driving through road checks, side of the road interviews after speeding ("do you know what the speed limit is here?"), and once when walking through my neighborhood pulling a rolling suitcase after a string of recent break ins. |
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I'm not an idiot, just an asshole. |
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