Lawful interception
Laws
“The arrest must be lawful – This is the case for any situation; it just means if the arrest isn’t lawful, then neither is the search.” “The search must be incidental to the arrest and police need an “objectively reasonable” reason to conduct the search. These include: protecting police/the accused/the public; preserving evidence; discovering evidence such as finding more suspects.” “The nature and extent of the search are tailored to the purpose of the search. This means police activity on the phone must be directly linked to the purpose they give.” “Police must take detailed notes of what they looked at on the device as well as how it was searched (e.g. which applications or programs they looked at, the extent of search, the time of search, its purpose and duration)” To continue a search without a warrant, the situation at-hand would need to meet three of the four guidelines stated above. Nonetheless, the court highly encourages law enforcement to request a warrant before searching a cellphone to promote and protect privacy in Canada.
Lawful interception-28