Civil voices believe it to be another restraint on privacy and freedom of speech
San Francisco, CA -- (SBWIRE) -- 09/26/2012 -- British Columbia Civil Liberties Association’s David Eby is apprehensive about the potential outcome of a trial in a court in Ontario in which it may be decided if the law enforcement agencies may legally go through a suspect’s cell phone without needing a warrant.
Darryl Plecas, a criminologist at the University of the Fraser Valley is more anxious regarding the sheer quantity of warrants that may be needed to extract information from a cell phone with countless numbers and plethora of images, music, recordings and video.
A cell phone was discovered on the person of a man in Ontario following his arrest on doubt regarding an armed robbery in the July of the year 2009. His cell phone contained both pictures and text messages that would be essential in implicating his during the court proceedings.
A permit to go through the contents of the cell phone was taken by the courts following the discovery of the evidence on the cell phone itself.
The data gathered from the cell phone was deemed to be worthy of being presented as evidence in the court of law. However, that verdict had initially gone to the Ontario Court of Appeal for a decision as to whether it was a desecration of the Charter of Rights and Freedoms.
Law enforcement agencies can go through the contents of one’s luggage when they formally arrest an individual. However, a warrant is still needed to enter one’s residence or check the trunk of one’s automobile. However, a phone may contain a lot more important data nowadays as compared to a briefcase.
The police had told Plecas that they are anxious over the fact that they may have to obtain an additional warrant different from the first for every single phone contained picture, text or number. Visualize over a thousand phone entries on a single cell phone being checked by the issuance of a thousand warrants; this will only burden the law enforcing institutions.
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