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(CBC)   In Ontario, it's now ok for cops to rummage through your house whenever they like as long as you didn't lock your door   ( cbc.ca) divider line
    More: Scary  
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6252 clicks; posted to Main » on 22 Feb 2013 at 8:01 PM (5 years ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»

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2013-02-22 08:46:34 PM  
2 votes:

cats are better: don't want your phone searched, don't get arrested.

Because no one has been wrongfully arrested ever.
2013-02-22 08:28:32 PM  
2 votes:
This issue is never going to be settled. Back in the day, police would sometimes cruise the neighborhood with a scanner, eavesdropping on cordless phones and baby monitors. In some areas it was deemed illegal, in others it wasn't. Law enforcement kept right on doing it either way. So did lots of other people, some of them bad guys. There is no substitute for understanding where your privacy is vulnerable and taking steps to protect it. Don't expect law enforcement or politicians to do it for you, or even respect your privacy. They just don't and won't.
2013-02-23 09:24:42 AM  
1 vote:
Wow. You're really are a complete f*cking idiot subby.
2013-02-22 10:53:46 PM  
1 vote:
Trolltastic headline is trolltastic.

Ex-cop from Ontario reporting in.

When you are arrested, the police have a commonlaw right to search you and anything in your possession for weapons, evidence, and anything likely to facilitate your escape or hurt somebody. For someone driving a car, this includes anything in the car that the driver could conveniently reach (a gun under the seat is OK, a beer bottle locked in a steamer trunk in the car's trunk would not be). They can go through your wallet, open up a locket, lift up your shoe insoles, whatever. They can go through your pager and record the numbers and messages you've received, and if you have a cell phone they can turn it on and leaf through the menus to inspect it. That's not new. The issue here is the power of the police to use a tool or brute force to open something you obviously intended to be kept secure and private.

Strike One:There are no reasonable grounds to believe that any of those three things (weapons, evidence, escape) exists on the phone. If these grounds exist, there is no practical barrier to getting a warrant. If the police can articulate how breaking into someone's phone stops an imminent threat to evidence, life or safety then they wouldn't need a warrant, but the same thing can be said of a dwelling-house.

Strike Two: Search incident to arrest is usually plain view plus one. Contents of pockets, purses, bags, anything you can pick up, point at your face and observe with a minimum of futzing around. Opening the password lock on a phone requires an investigative technique. That is literally what a 487.01 warrant is for.

Strike Three: As with many cases before them, bad investigations lead to bad case law. The cops in this case stepped so far over the line with what would ordinarily have been a "more-or-less-ok-if-you-can-articulate-it" technique that the judge had no choice but to explicitly condemn that behaviour by setting precedent. (See: Feeney).
2013-02-22 10:04:01 PM  
1 vote:

MrHappyRotter: Jae0o0: Maybe i should stop drinking before posting too

And if you refrain from masturbating for a few moments, you can also type with two hands.

nt wrth it
2013-02-22 08:31:20 PM  
1 vote:
If you have stored nude photos of yourself, can they arrest you for sexting an officer when they search the phone?  I just want to know before going to Canada.
2013-02-22 08:22:22 PM  
1 vote:
apparently no one RTFA and saw it's *when arrested* they can take a look..

so if you were arrested at home, they're allowed to take a look around..

*shrugs*  i don't see the big deal.. don't want your phone searched, don't get arrested.
2013-02-22 08:13:34 PM  
1 vote:

skinink: Not only is my phone password protected, but so is the SIM. But that's just me, I can't understand why you wouldn't want to password protect something that holds so much info.

I don't know why you'd want to put that much info on a small object that you carry everywhere and has a decent chance of being lost.

If anyone gets my phone they'll have my contacts list, which is mostly just names and numbers (no e-mail addresses). They won't get credit card numbers, bank account number or even my password to Fark.
2013-02-22 08:13:25 PM  
1 vote:

Mega Steve: Welcome to Obama's America

Canada is Obama's America?
2013-02-22 08:06:03 PM  
1 vote:
Completely different, subby.
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