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Leaving Dumb Phones Behind: A Commentary On The Warrantless Searches Of Smartphone Data Granted In R. V. Fearon, Jordan Fine
Leaving Dumb Phones Behind: A Commentary On The Warrantless Searches Of Smartphone Data Granted In R. V. Fearon, Jordan Fine
Canadian Journal of Law and Technology
Given the incredible rate of smartphone technological evolution, is it about time the Supreme Court of Canada devised a special test to give law enforcement agents significantly more power to search through phone data without a warrant upon arrest of a suspect? In R. v. Fearon, the majority did just that. But this article argues the opposite is true: the increasing potential for immense privacy infringements when police search powerful and constantly evolving technological devices demands a greater limitation to police powers.
In recent cases, the Supreme Court has agreed with the position that limitations are needed concerning computers. Additionally, …