CMN 2170: Lecture #12 Feb 28th 2013
People make the mistake the idea that a cell phone is private
Charter –sec (8) unreasonable search and seizure – to search a place they need a search warrant (i.e:
The society is starting to recognize that they are not merely objects, they are representative of ourselves
so much is developed online, smart phone contain more than information
Hardrives are considered as places not things
not the computer, the harddrive is the important and essence
courts conceptualize computers as places
smart phones are not conceptualize the same way as computers are but we are movig in that direction
conceptualized as things, cell phone are still not synonomous with computers.
Sec 11 d the right to be preseummed innocent
Unreasonable searc and seizure Irwin Toy test
Prigden and freedom of exprseeion
Ontario court of appeal ruled that police do ot necessarily need a warrant if it is password protected they
need a warrant, if it is not, they have a right to search it.
Regina vs. Fearon case is a cell phone a thing?
Takes back to the Radio Reference J.Anglon judgment, constitution is like a tree.
Hard drives are more than just a a computer and info they are filing cabinets.
Search incident to arrest as your arresting a person you incidentally conduct a