Tag: cell phones

Cell phone searches legal say SCOC: R v FearonCell phone searches legal say SCOC: R v Fearon



A divided Supreme Court ruled that individuals cannot be secure that their most personal information will be protected from warrantless searches when arrested. In a 4 to 3 ruling, in R v Fearon, the Court held that if a person is lawfully arrested, a search is conducted that is incidental to the arrest, the search is tailored to its purpose, and the police take detailed notes, police may search the person’s cell phone.

The three dissenting judges wrote a powerful defence of privacy rights that recognized the invasions of privacy that could result from warrantless searches of cell phones,.