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besson's Canada
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The Final Dakar
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Dec 12, 2014, 01:32 PM
 
Police can search cellphones in arrests without warrant, Supreme Court rules - The Globe and Mail
In a crime ruling that earned it rare praise from the federal government, the Supreme Court of Canada said police may search cellphones without a warrant when they make an arrest.

Cellphones are the bread and butter of the drug trade, the majority said in a 4-3 ruling. It said police have been given the “extraordinary power” to do warrantless searches during an arrest, under common-law rules developed by judges over centuries, because of the importance of prompt police investigations. Until now, those searches typically included purses and briefcases. Civil liberties groups had urged the court to exempt cellphones.
USSCOTUS got it right /justsayin'
     
besson3c
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Dec 12, 2014, 02:56 PM
 
No threads about other members. Just kidding, I like the attention.
     
subego
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Dec 12, 2014, 03:14 PM
 
Oh, sure.

A handheld computer is just like a ****ing purse.
     
lpkmckenna
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Dec 12, 2014, 03:45 PM
 
This is a colossal fnck up by the Supreme Court. Grrr.....
     
ghporter
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Dec 14, 2014, 03:30 PM
 
Waiting for the imminent release of "self destruct" apps for iOS, Android and WinMobile...

Seriously, I don't buy the analogy of one's cell phone to a purse or briefcase. Nobody's purse digitally tracks their location, records transactions (bank, loyalty programs, etc.) while documenting both voice and text communications, including when, with whom, and with texts the exact content of the communications. Talk about a gold mine for prosecutors and a serious problem for the concept of "innocent until proven guilty." Which is supposedly a foundation of the Canadian justice system, right?

Glenn -----OTR/L, MOT, Tx
     
subego
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Dec 15, 2014, 08:55 AM
 
I always assumed the angle of getting to go into purses and briefcases is to look for contraband. The fact you could get data out of it was gravy.

Apparently, the angle was always the data.
     
turtle777
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Dec 15, 2014, 09:11 AM
 
No worries, guys. We can't have dem pesky Canadians stand out. I'm sure the USSA will follow shortly.

-t
     
Chongo
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Dec 15, 2014, 09:26 AM
 
Originally Posted by turtle777 View Post
No worries, guys. We can't have dem pesky Canadians stand out. I'm sure the USSA will follow shortly.

-t
as the OP mentioned, the SCOTUS ruled the other way.
Supreme Court Says Phones Can’t Be Searched Without a Warrant
     
Snow-i
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Dec 15, 2014, 07:33 PM
 
I still don't understand how "secure in their persons" gets completely ignored by precedent today.

Any search of anything should require a warrant. That's exactly what the 4th states, and somehow we've allowed ourselves to move away from that.
     
turtle777
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Dec 18, 2014, 04:39 PM
 
Originally Posted by Chongo View Post
as the OP mentioned, the SCOTUS ruled the other way.
Supreme Court Says Phones Can’t Be Searched Without a Warrant
For now. Just wait for the next false flag terrorist attack.

-t
     
   
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