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| Article |
| Improving the Current Law of Warrantless Cellphone Searches after R. v. Fearon |
| Terry Skolnik |
| 49 Revue Juridique Thémis 825 (2015) |
| Open Access | Library Access |
|
Abstract: Can police officers conduct warrantless searches of a person’s cellphone incidental to arrest? Following the landmark Supreme Court of Canada decision in R v Fearon, the answer is yes. The case undoubtedly marks one of the most significant expansions of police powers to conduct invasive searches affecting a person’s intimate privacy interests. While the majority of the Court in Fearon has attempted to circumscribe the power in order for it to meet the constitutional right to be free from unreasonable search and seizure, the current state of the law lacks certain oversight mechanisms which are easy to implement and which would provide increased constitutional protection to persons whose cellphones are searched. This case comment begins by discussing the facts in Fearon, followed by the majority and dissenting opinions. Next, the implications of this decision and concerns related to the majority’s ruling are analyzed. The case comment concludes with two recommendations on how to better constrain the power of cellphone searches incidental to arrest. |
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