[View the story "Court ruling on cellphone searches by police worries CBC readers" on Storify ]Court ruling on cellphone searches by police worries CBC readers CBC News readers voiced their concerns about privacy infringement and possible abuse after Canada's top court allowed police to search people's cellphones upon arrest under strict conditions. Storified by CBC News Community · Fri, Dec 12 2014 03:43:02
Cellphone searches upon arrest allowed by Canada's top court http://t.co/xhSGNn3H0n http://t.co/Ml2yyqs38ACBC News
CBC News readers voiced their concerns about privacy infringement and possible abuse after Canada’s top court allowed police to search people’s cellphones upon arrest under strict conditions.
The Supreme Court of Canada ruled on Thursday that law enforcement officials can go through the cellphone of someone under arrest without a warrant, as long as the search relates directly to the arrest and police keep detailed notes.
While some readers say the information gleaned from someone’s digital device can help police discover criminal activities, many readers think the ruling gives law enforcement officers too much discretionary power, and can lead to possible intrusions of their privacy.
It wasn't a unanimous decision for the top court, either. In a split 4-3 decision, the minority argued that cellphones and personal computers are "an intensely personal and uniquely pervasive sphere" that needs clear protection.
But the court ruled that allowing some narrow searches doesn't mean police have free rein to go through the phones of everyone they arrest.
Also, it "does not give the police a licence to rummage around in the device at will," Justice Thomas Cromwell wrote.
Cellphone searches upon arrest allowed by Canada's top courtPolice searches of the cellphones that are in possession of suspects are constitutional as long as they relate directly to the arrests and police keep detailed notes, Canada's top court said today. The Supreme Court of Canada split 4-3, with the minority arguing cellphones and personal computers are "an intensely personal and uniquely pervasive sphere" that needs clear protection.
Not all readers were reassured by the decision.
@CBCNews @LogoDNB the potential for abuses of power is staggering. ie police deleting evidence of misconduct from whiteness phones #cdnpolibuffalostu
l think they're wrong. Too much depends on the honest discretion of the police.Gran Bee
Too open to interpretation to serve the public good. Terrible.Jon Peplinski
And who watches the watchmen?Jorge Runciman
I think its going to be a slippery slope for sure.Ila Flamand
While they welcomed the ruling, the Canadian Police Association said it is also concerned about ambiguity and future litigation.
Several readers also worry that the decision leaves room for abuse. For example, police officers may use the opportunity to delete information that might hold them accountable for their actions while on duty.
So now cops can just take your phone away and delete any videos you take of them breaking the law.... makes senseMarc Spector
Are they allowed to delete videos of themselves doing illegal things I wonder?Sandy Lee Gibson
Whats going to happen is someone will video a cop doing something wrong the cop will come up with some bogus charge like interference of a investigation and arrest you and then they take your phone and delete the video. Opens the door for them to snoop in your personal photosPete Zbetnoff
Upload any video you take of a cop lying/abusing authority to a server/youtube/cloud account right after taking it. They will now be making up reasons to take your phone and deleting inflammatory ones on the spot. Another day, another right taken away....Jason MacDonald
Those backing the SCC's ruling say that it gives police officers the ability to gather evidence that help nab criminals.
They can look through my cell phone any time. There's nothing on there that would be of use to any one ,BUT if it would help convict a criminal, I'm all for it.You can't have it both ways, and that's the truth.Audrey Fraser
They are only allowed to search your phone for evidence pertaining to your arrest. They aren't going to pull you ocer for speeding and want to check your phone for nude pictures.Jessica Belliveau
Makes sense - it could be counted as evidence after allMaria Geraldine Morrison
@CBCNews It's fine as long as it helps the cops put the bad guys in jail. If you have secrets, don't tell them to your phone!BrianM
There could be alot of evidence in a cellphone so why not?Laurie-Anne Lavallee
To the dissenters of the ruling, some readers say if you don't break the law, there's nothing to worry about.
Easiest fix of all, DON'T BREAK THE LAW!!!!!William Hnybida
Agreed , it easy if you don't want police searching cell phone so don't do stupid things in life to get arrest. ,Noy Nixon
@RJMT28 @CBCAlerts @CBCNews if I have nothing to hide I would give them my password...no biggieChris Kasulke
This shouldn't be a problem for most people if you have nothing to hide. Be good law abiding citizens and you have nothing to fear. I would rather give up a little personal freedom with these sorts of things to help make things that bit safer for me and my family and if it helps keep the bad ones off the streets then im all for it. I got nothing to hide.....look at my cell all you want if you feel the need to. We have people trying to hurt canada and its people from here and abroad...this isnt the 60's anymore, we live in a tough world and these things need to be done to help ensure our safety. These things will never be fullproof and occasionally might seem a little unnecessary but in the long run its going to do more good than harm but that's just one guys opinion.Josh Gervase
But other readers rejected the "nothing to hide" argument.
This "nothing to hide" argument is such a fallacy. It's about privacy not hiding things.Faizan Butt
For ppl who think "if I didn't do anything wrong, It's not a problem" you're completely missing the point. This is an egregious abuse of our privacy that they are taking from us. This is death by a thousands cuts ppl, slowly but surely, we won't have freedom in the country anymore if ppl keep turning a blind eye and condoning these political actions. Just wait until u have some private info/pics on your phone, that are not illegal in any way cause your not a criminal, and a cop takes it away and searches it while under the premise of being for legal purposes but then uses that info against u... Maybe into a forces testimony or blackmail. We can't put anything past the law enforcement agencies anymore in this country. If they want to take our privacy rights away from us, it's for a self serving reason that they don't want to tell us about!Alex Pinkewycz
The possible privacy infringement also tops many readers' list of concern.
I think it's completely ridiculous invasion of privacy.Ashley Macdonald
Delete the naked selfiesMurray Yaganiski
A person these days keeps alot of personal info on the phone that no one not even the cops have a right to see it is a personal invasion in many waysPete Zbetnoff
Wow. Invasion of privacy that I'm sure will be abused in various formats.Man Dy
The court said the Parliament may want to legislate how the cellphone searches can be done.
What do you think of the Supreme Court of Canada's ruling? Do you think law enforcement officers should be allowed to search someone's cellphones upon arrest? Share your thoughts in the comment section below.
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