(Ontario) Cops can search mobile phones—only if they're not password-protected

(Ontario) Cops can search mobile phones—only if they're not password-protected

arstechnica.com

A provincial appeals court in Canada has ruled that police can search the mobile phone of an arrested person only if there is no password on that phone. With a digital locking mechanism, however, officers must get a warrant.

“In this case, it is significant that the cell phone was apparently not password protected or otherwise ‘locked’ to users other than the appellant when it was seized,” the Court of Appeal for Ontario, wrote in its unanimous decision.

(visit the link for the full news article)

This is a story of a women who got robbed in Toronto, well I don't agree with the actions of these thieves. I also dont think the police should be able to search their phone at will, without a warrant.
Nowadays with smartphones people do all sorts of things on their phones, things they would normally do on their computers, if you require a warrant to search a computer, you should require a warrant to search their phones too.

arstechnica.com
(visit the link for the full news article)

Oh Canada... that nation that never stood up to Britain and still bows down to scum royalty and wonders why they're not free.

Originally posted by spqrenki
Oh Canada... that nation that never stood up to Britain and still bows down to scum royalty and wonders why they're not free.

We don't wonder, we know. What I wonder (other than why the USA was free and then its people gave it up without a fight. All those guns, all that bluster, and nothing!), is how it is that the police need probable cause and a search warrant to search my home and computer, but not my phone. What difference does the password make? If I leave me door unlocked can they just barge in? Pure BS.

reply to post by Orwells Ghost


Police are gods now. No longer public servants, but gods. You bow down to worship them.

I was listening to this on CBC on the drive home, I wasn't even aware you could password your phone? Now, how does one even do that? I don't think I ever do anything incriminating, & I know I never break the law, minus 30K's/hr. to fast on the highway coming from work, but still, now I want my phone 'protected'.

We don't wonder, we know. What I wonder (other than why the USA was free and then its people gave it up without a fight. All those guns, all that bluster, and nothing!), is how it is that the police need probable cause and a search warrant to search my home and computer, but not my phone. What difference does the password make? If I leave me door unlocked can they just barge in? Pure BS.

reply to post by Orwells Ghost


exigent circumstances

The cops couldn't barge into your home and search your phone or anything else without evidence of a crime. However, if you just busted someone, then all bets are off. That is, the crime has occurred so search away. That is why cops planting evidence is the worst corruption. Yeah LAPD, I'm talking about you, but planting evidence has been going on for the history of time.

Regarding bad arse Americans with guns fighting the powers that be, it doesn't happen. Name me anyone that has held off the cops to the point where they went back to the police station with their tails between their legs. Waco? Randy Weaver? Zip, nada. When push comes to shove, the cops just burn down the house.

Burn the mofo

Note that locking your phone may not stop law enforcement forensics. Iphone security is trivial. Android is just a bit harder. Blackberry, well you need to waterboard the owner for the password. No idea about windows phone. You need to realize that good forensics means you open the phone up and clamp directly onto chips or remove them for analysis. This means the device has to be secure even if physically invaded. Unless you are on a blackberry, I suggest you don't document your crime with your camera.

And I could use an English translation of that text message!

Originally posted by spqrenki
Oh Canada... that nation that never stood up to Britain and still bows down to scum royalty and wonders why they're not free.

Actually I don't know what planet you were spewed out of but Canada is a bad ass country that enjoys more freedom than America. I grew up in America and live in Canada for almost 20 years so perhaps you need to get a clue or hammer some reality into your little head.

reply to post by CashStronomer


To password protect your phone, you need to RTFM. Note that most phones can be hacked with a UFED. The cops carry them and can hack your phone on scene.
UFED

You Canadians should support your domestic cell phone manufacturer that makes secure phones:
cell phone forensics

My motto: Let them eat crypto!

reply to post by gariac


Cheers

As soon as it's not needed for business, I may not have it anymore anyhow?

This is crazy within itself. I agree that more things are done on a cell phone than in years past. If the police need a warrant to search your computer, I feel that a cell phone falls into that catergory. Look at the logistics of cell phones now, they are comparable if not better than some laptops and desktops. I for one will start to monitor what I use my cell phone. What happened to the good ole days when you did all your bad dealings on a pay phone. Oh thats right they arent around anymore... and I live in a small town. We used to have 15+ pay phones, I believe that number has dwindeled down to 3. Again thats in a small town.... in a bigger city closer to me... it seems as if the pay phones have been abolished 10/1.... thats not right. It feels like everyone is being mandated into a cell phone system.... this system not only works as a spying tool.... but also an economic tool. Lets not even mention the introduction of Obama phones.