Pubdate: Fri, 12 Dec 2014
Source: Edmonton Sun (CN AB)
Copyright: 2014 Canoe Limited Partnership.
Contact: http://www.edmontonsun.com/letter-to-editor
Website: http://www.edmontonsun.com
Details: http://www.mapinc.org/media/135
Author: Pamela Roth - with files from QMI Agency
Page: 2

CELLPHONE RULING PRAISED

Top cop says Supreme Court decision will aid police in drug
trafficking cases

Edmonton's police chief is applauding a decision made by Canada's top
court that allows police to conduct a limited search of cellphones
during an arrest, but only under strict conditions.

In a 4-3 decision released Thursday, the Supreme Court ruled cellphone
searches are allowed without a search warrant, but only if they're
directly related to the arrest, could lead to the discovery of an
additional suspect or could prevent imminent harm o r dang e r. Police
also must maintain detailed notes of the search.

The decision marks the first Supreme Court ruling on cellphone
privacy.

"I think it'll help us in policing," said Knecht. "It's not broad
powers. It opens the door a crack and allows us to take a look inside."

Knecht said the ruling would be useful in cases such as drug
trafficking, where criminals may have photos of their drug activity
stored on their phone or contacts that represent a broader picture. He
believes the searches will be challenged in court, but police will
have to demonstrate why they're going into the phone to investigate a
particular type of crime.

The specific case brought to the Supreme Court was that of Kevin
Fearon. A police search of his

cellphone helped convict him of armed robbery in Toronto in 2009, but
Fearon argued his charter rights were breached during the search.

The court agreed that police had breached Fearon's rights, but
dismissed his appeal, ruling that the evidence against him on his
cellphone should not be excluded.

In the recent ruling, Justice Thomas Cromwell wrote: "Police officers
will not be justified in searching a cellphone or similar device
incidental to every arrest." He goes on to emphasize the importance of
police note-taking during the search.
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