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besson's Canada
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Games Meister  Join Date: Aug 2009
Location: Eternity
Status:
Offline
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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'
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Clinically Insane
Join Date: Mar 2001
Location: yes
Status:
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No threads about other members. Just kidding, I like the attention.
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Clinically Insane
Join Date: Jun 2001
Location: Chicago, Bang! Bang!
Status:
Online
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Oh, sure.
A handheld computer is just like a ****ing purse.
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Addicted to MacNN
Join Date: Jul 2004
Location: Toronto
Status:
Offline
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This is a colossal fnck up by the Supreme Court. Grrr.....
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Administrator  Join Date: Apr 2001
Location: San Antonio TX USA
Status:
Offline
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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?
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Glenn -----OTR/L, MOT, Tx
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Clinically Insane
Join Date: Jun 2001
Location: Chicago, Bang! Bang!
Status:
Online
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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.
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Clinically Insane
Join Date: Jun 2001
Location: planning a comeback !
Status:
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No worries, guys. We can't have dem pesky Canadians stand out. I'm sure the USSA will follow shortly.
-t
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Addicted to MacNN
Join Date: Aug 2007
Location: Phoenix, Arizona
Status:
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45/47
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Professional Poster
Join Date: Dec 2006
Location: Maryland
Status:
Offline
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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.
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Clinically Insane
Join Date: Jun 2001
Location: planning a comeback !
Status:
Offline
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Originally Posted by Chongo 
For now. Just wait for the next false flag terrorist attack.
-t
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Forum Rules
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You may not post new threads
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