Canadian high court says police have limited right to search a suspect's cellphone
{{#rendered}} {{/rendered}}FILE - In this Oct. 15, 2014 file photo, people walk outside the Supreme Court of Canada in Ottawa, Ontario. Canadian police can conduct a limited search of a suspect's mobile phone when they are arrested without getting a search warrant, but they must follow strict rules, a divided Supreme Court of Canada ruled Thursday, Dec. 11, 2014. In a 4-3 decision, Canada's top court said the search must be directly related to the circumstances of a person's arrest and police must keep detailed records of the search. (AP Photo/The Canadian Press, Sean Kilpatrick) (The Associated Press)
A divided Supreme Court of Canada says police can conduct a limited search of a suspect's cellphone when they are arrested without getting a search warrant, but they must follow strict rules.
In its precedent-setting, 4-3 ruling, the country's top court said Thursday that the search must be directly related to the circumstances of a person's arrest and the police must keep detailed records of the search.
Three dissenting justices said the police must get a search warrant in all cases except in rare instances where there is a danger to the public or the police, or if evidence could be destroyed.
{{#rendered}} {{/rendered}}It is the first time the Supreme Court has ruled on cellphone privacy, an issue that has spawned a series of divergent lower court rulings.