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Does a lack of password protection make a cellphone vulnerable to a warrantless search incidental to arrest? The Ontario Court of Appeal recently said it does in a decision with respect to evidence obtained during a “cursory ” examination of an accused’s cellphone, made without a warrant and incidental to arrest on charges of robbery with a firearm. For comments on the decision in R. v. Fearon, read: · Hung up on when police can search a cellphone by Cristin Schmitz (March 8, 2013 issue of The Lawyers Weekly) · Ontario Court of Appeal Permits Warrantless Search of Cellphone Without Password Protection by Michael Geist (February 22, 2013) · What the Ontario Court of Appeal Did and Did Not Say in R. v Fearonby Stephen Neil (February 26, 2013 on The Court blog) The Canadian Lawyers Insurance Association provides loss prevention information solely for the benefit of CLIA insured lawyers. The content and links provided in Loss Prevention eBytes are intended as resources to qualified lawyers who should exercise due care and their professional judgment in adapting or making use of any content.
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