R. v. Fearon, 2014 SCC 77
Technology is advancing at a breakneck speed and the Supreme Court of Canada is trying to keep up. Last December, the SCC made its latest technology related decision in R. v. Fearon as they tackled the relationship between the right to cell-phone privacy and police searches. In that case, an armed jewellery heist led to an arrest and the confiscation of the accused’s cell-phone. A quick search by the police revealed incrementing evidence, including text messages and photos. The majority decision of the SCC determined that warrantless cell-phone searches incidental to arrest, such as this, are not illegal searches because they can aid police officers in pinpointing public safety risks, in identifying accomplices, and in locating and preserving evidence. However, the majority went on to warn that safeguards are needed, and they laid out four conditions that must be met in order for a cell-phone search to be justified: The […]