If the police are arresting you, you still do have many legal rights during the arrest. Remember, no one is to be considered guilty before a trial, no matter what the case is, so your rights all remain intact. However, if you thought your right to privacy extended to your cellphone, you may be surprised by the truth.
In actuality, as an arrest is happening, police can take your cellphone and search through it if they so choose. They do not have to go get a warrant for it.
This practice came under fire back in 2014, and it went all the way to the Supreme Court of Canada. The Supreme Court then sided with the police, who have retained this ability. This was considered a precedent-setting case.
The court was divided, though, only allowing the ruling to go through on a 4-3 vote. The court also laid down some stipulations for the officers to follow, such as noting that the search had to link specifically to the reason the person was being arrested—police could not simply use the arrest as an excuse to search a phone for any unrelated incriminating evidence. On top of that, the court said that the search was only to be conducted as detailed records were kept.
Even the three justices who voted against the ruling did say they thought police could search phones without a warrant if the public was in danger or if the evidence on the phone was going to be destroyed.
If you've been arrested for any crimes, it's very important to know what the police can and cannot do during the arrest. When those rights are violated, look into all of your legal options in Ottawa.
Source: Global News, "Police can search cellphones without warrant during arrest: court," Mike Blanchfield, accessed Jan. 27, 2016
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