Canada: Police can search cellphones without warrant during arrest: court

Discussion in 'The Howard Stern Show' started by dawg, Dec 11, 2014.

  1. dawg

    dawg In The Dog House Staff Member

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    OTTAWA – A divided Supreme Court of Canada has ruled that police can conduct a limited search of suspect’s cellphone without getting a search warrant, but they must follow strict rules.

    By a 4-3 margin, the court said in a precedent-setting ruling that the search must be directly related to the circumstances of a person's arrest and the police must keep detailed records of the search.

    Three dissenting justices said the police must get a search warrant in all cases except in rare instances where there is a danger to the public or the police, or if evidence could be destroyed.

    It is the first Supreme Court ruling on cellphone privacy, an issue that has spawned a series of divergent lower court rulings.

    READ MORE: What rules must police follow to search a cellphone during arrest?

    The high court dismissed the appeal of the 2009 armed robbery conviction of Kevin Fearon, who argued unsuccessfully that police violated his charter rights when they searched his cellphone without a warrant after he’d robbed a Toronto jewelry kiosk.

    The court agreed that the police had in fact breached Fearon’s rights, but the evidence against him on his cellphone should not be excluded.

    “The police simply did something that they believed on reasonable grounds to be lawful and were proven wrong, after the fact, by developments in the jurisprudence,” Justice Thomas Cromwell wrote for the majority.

    “That is an honest mistake, reasonably made, not state misconduct that requires exclusion of evidence.”

    Cromwell said the court was trying to strike a balance between the demands of effective law enforcement and the public’s right to be free of unreasonable searches and seizures under Section 8 of the Charter of Rights and Freedoms.
     
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  2. shitba

    shitba Shot Dead VIP

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    .....
     
    Last edited: Apr 9, 2016
  3. sstressed

    sstressed enhancement toker VIP

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    canada can get pretty odd about things. they allowed thousands of people to grow medical pot. when they changed that law and forced all med users to buy from the gubment, they stated that they had the right to come to your home when ever they were in the mood and search to be sure that you had torn down your grow and destroyed all plants.

    when AZ takes away grow rights for one reason or the other, they just tell the person that they don't have permission to grow any longer and that's that. no threats of invading your home, no making you document that you threw away equipment.

    it's all aboot control. the more you give to politicians and beerocrats, the more they will take from you.
     
  4. smichal

    smichal A1 Dick Game

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    another shout out to Ottawa!
     
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  5. Butcher

    Butcher ?

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    If Ontario ever joins Canada @nazdrowie is in trouble
     
  6. Smartguy

    Smartguy This Space Is For Rent VIP

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    That is actually not true. You must buy from a government licensed grow op that is independently owned, the government does not directly manufacture or grow medical weed.
     
  7. fag

    fag Well-Known Member Banned User

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    Cops blah blah blah. Don't break the law and everything's fine
     
  8. Fa Fa Fruit Fly

    Fa Fa Fruit Fly Well-Known Member

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    That's a really dumb way of looking at it, because you're apparently perfectly happy with unchecked police officers with very limited knowledge of the law being the final arbiters of justice to you and your family. It's a very liberal leftie feel-good "momma government is here to save me" way of thinking.

    As for me, I'll go with the rule of law, judicial review, checks and balances and citizens rights. Our phones are connected to SO much these days - our communications, our finances, our job, our family, our pictures - EVERYTHING - that searching one's home is at least as invasive as searching one's home. In many cases, MORE invasive, because we keep shit on our phones we don't keep in our homes.
     
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  9. DBULL99

    DBULL99 Member

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    No - this would be the real dumb way to be the bad guy....If one makes the choice to live on the "Wrong side of the law"...
    One needs to be smart enough to keep it off the phones.....that's difference between 2.5 years and 10 years...dummies.....
     
  10. HowieStearn

    HowieStearn HateClub

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    the canucks don't have our constitution. You know, the constitution that guarantees our freedoms, the one Obama shits on
     
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  11. Smg669

    Smg669 Well-Known Member

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    You're right. We don't have your constitution. We have our constitution.
     
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  12. sstressed

    sstressed enhancement toker VIP

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    :hat:
     
    Last edited: Dec 12, 2014
  13. Mr Vengeance

    Mr Vengeance Ladies love cool V. VIP

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    Yeah, right. No other country other than the USA has any freedoms. Call me when I can get on a plane without having a fist shoved up my ass. Thanks, G.W.
     
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  14. HowieStearn

    HowieStearn HateClub

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    canadians, dont get all pissy, what I said is true
     
  15. fag

    fag Well-Known Member Banned User

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    Idk. If you play the game you will win. Be nice and respectful and they will be too. Be a smartass and douche you will have issues.
     
  16. chapped

    chapped Well-Known Member

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    Thanks obama
     
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  17. Droog

    Droog Well-Known Member VIP

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    Guarantees our freedoms? You mean like the Patriot Act, passing laws to drug test welfare recipients, passing laws to restrict voting, passing laws to enable police officers to check residency status during stops.....etc? Darn that Obama for taking away our freedoms.
     
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  18. HowieStearn

    HowieStearn HateClub

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    I personally want to know who is in this country illegally. But then I'm not a whore politician who is buying votes at the expense of our sovereignty
     
  19. The Snork

    The Snork Well-Known Member VIP Gold

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    Can you think of a better way of COMMANDING true patriot love eh? All right then.
     
  20. Fa Fa Fruit Fly

    Fa Fa Fruit Fly Well-Known Member

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    And who decides that you are on "the wrong side of the law"? That is the job of the court system. You want to hand that job to the police and allow them to search your stuff without having judicial oversight. Why? How is it any different than a Stasi checkpoint where you have to show your papers? The justification was precisely the same, as it is for most overreaches... "if you have nothing to hide, then what is the problem?".

    The problem is that the opposite of "if you have nothing to hide, then why not let us take a look?" is "and if you actually have a reason to take a look, then you should have no problem getting a warrant". That's the foundation of what warrants are all about - because the cops need to have a valid reason to be poking through your stuff - not just "we pulled you over for speeding but now we want to rummage through your personal stuff". If you disagree, would you also be OK with random door-to-door searches of your home/possessions by police? If not, why not?