Pubdate: Mon, 15 Dec 2014 Source: Moose Jaw Times-Herald (CN SN) Copyright: 2014 The Moose Jaw Times-Herald Group Inc. Contact: http://www.mjtimes.sk.ca/ Details: http://www.mapinc.org/media/2154 A FINE LINE IN THE SUPREME COURT As of last week, police can search cellphones without a warrant when they make an arrest. The Supreme Court of Canada ruled in this decision in a 4-3 vote with the majority stating that "cellphones are the bread and butter of the drug trade," according to the Globe and Mail. Until now, these types of searches included items such as purses and briefcases. The cellphone search does, however, have to be "tailored to its purpose, which will generally mean that only recent emails, texts, photos and the call log will be available," the Globe and Mail article said. The case the court considered was Kevin Fearon, where police searched his cellphone and it helped them convict him of armed robbery in Toronto in 2009. Fearon argued the search violated his charter rights. At first glance, it's easy to think this decision is an invasion of privacy. People keep a lot of personal data on their cellphones. Cellphones nowadays have almost become like a computer for many of us. It's the place where we store photos, videos, access to our social media pages and so much more. Even banking and depositing cheques from our phones are possible from our smartphones now. In a way, this can be seen as a violation of sorts of our civil rights. But take a few steps back for a second and look at the facts. Police can only do this under strict circumstances and only for specific things without a warrant. They are required to report what they search, how they get it and what they find. It is only applicable when police made an arrest under the Criminal Code. For any other reasons, police are not allowed to search cellphones without a warrant. If this is an aspect police can use to help their cases, there are, potentially, select benefits to be found this ruling. This is, of course, assuming there is no abuse to this law. The minute this law is abused - a scenario we don't want to see but can't rule out - it is a direct violation of our privacy. That's when it becomes a problem. However, it's important to remember that this law won't affect most of us. It could only make a difference for Criminal Code arrests. Here in Moose Jaw, we are lucky to live in a relatively safe community because of the efforts of the Moose Jaw Police Service. And as long as none of us are arrested under the Criminal Code, this law won't change anything. Whether it'll serve more of a purpose of solving a crime or violating privacy, though, remains to be seen. - --- MAP posted-by: Matt