2014•Constitutional Forum / Forum constitutionnelOpen access

Searches of Digital Devices Incident to Arrest: R v Fearon

Steven Penney

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Abstract

On May 23, 2014, the Supreme Court of Canada is scheduled to hear the appeal in R v Fearon. Fearon raises the questions of whether, and under what circumstances, police may conduct warrantless searches of digital devices seized under their common law power to search incident to arrest.

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On May 23, 2014, the Supreme Court of Canada is scheduled to hear the appeal in R v Fearon. Fearon raises the questions of whether, and under what circumstances, police may conduct warrantless searches of digital devices seized under their common law power to search incident to arrest.

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Available abstract

On May 23, 2014, the Supreme Court of Canada is scheduled to hear the appeal in R v Fearon. Fearon raises the questions of whether, and under what circumstances, police may conduct warrantless searches of digital devices seized under their common law power to search incident to arrest.

Key concepts: Warrant, Intrusiveness, Sophistication, Reasonable suspicion, Law enforcement, Officer, Computer security, Expectation of privacy

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