Canadian police can now search your phone if you've been arrested

[Blade of Grass]

Case law doesn't mean anything in the heat of the moment, that's what I'm trying to get across here. When your face is being ground into the gravel because you were walking down the street and refused to answer an officers questions who decided to take a liking to you, having the right to remain silent is really doing you a lot of good. Even if you're subsequently let go because he knows he's got nothing.

See, and that is when you file a complaint with the police department, all of which have committees specific to dealing with these types of issues.

There's also countless other agencies you can talk to and things you can do if you feel your rights were being violated.

[RH00D]

Case law doesn't mean anything in the heat of the moment, that's what I'm trying to get across here.  When your face is being ground into the gravel because you were walking down the street and refused to answer an officers questions who decided to take a liking to you, having the right to remain silent is really doing you a lot of good.  Even if you're subsequently let go because he knows he's got nothing.

 

See, and that is when you file a complaint with the police department, all of which have committees specific to dealing with these types of issues.

There's also countless other agencies you can talk to and things you can do if you feel your rights were being violated.

 

@Blade of Grass is right here. The best thing to do when you are confronted by a police officer to just to cooperate. If they have wronged you or violated your rights then your lawyer can help you with that afterwards.

 

About a year ago my brother was pulled over by the police for speeding and in my province, New Brunswick, it is law that a police officer is required to ask you either French or English when they approach you. This officer didn't do that she just started speaking English and so the ticket was invalidated and he didn't have to pay because the officer didn't follow proper procedure. Also IIRC, he didn't try to reject the ticket from the officer and put up a fuss. He accepted it then fought it in court and the court decided that the officer was in the wrong.

 

Here's an interesting article I found on CBC where a man in NB was acquitted of two DUI charges because he spoke French and the officer arresting him could only speak English. http://www.cbc.ca/news/canada/new-brunswick/n-b-police-must-speak-both-official-languages-court-says-1.1124892

[Yoinkerman]

OK. Here in bc, if you're even suspected of DUI, your car is impounded, and your license is suspended immediately, and your day in court to defend yourself is some indeterminate length of time in the future. You can be completely innocent. In the meantime the damage has already happened. You have no license for 1day-2weeks, and you're out a bunch of money from impound, being completely innocent.

[Victorious Secret]

This law is a technicality one, not something that will get actively enforced at all times. Cops in general aren't going to go after your personal belongings UNLESS YOU GIVE THEM A REASON. They kinda do these things when they suspect something is wrong. 

 

 

Source: Canadian, knows a thing or two about the law. 

 

 

I'll keep my phone locked and encrypted. If the police want to pursue that charge, they can go ahead. I also know I have nothing to hide apart from obscene fantasy league messages that would make a Priest horrified. 

[RH00D]

OK. Here in bc, if you're even suspected of DUI, your car is impounded, and your license is suspended immediately, and your day in court to defend yourself is some indeterminate length of time in the future. You can be completely innocent. In the meantime the damage has already happened. You have no license for 1day-2weeks, and you're out a bunch of money from impound, being completely innocent.

Rules differ depending on driving experience. Any novice driver with a graduated license may not drive with any alcohol in their body. If you are a new driver and are pulled over on suspicion of driving while impaired, the following consequences apply if your BAC is between 0.00 and 0.04:

• Immediate 12 hour license suspension
• You must restart the current stage of your graduated license

The consequences for having a BAC between 0.05 and 0.08 are the same for all drivers:

• First Offense: Immediate 3 day license suspension, 3 day vehicle impoundment, a $200 fine
• Second Offense: Immediate 7 day license suspension, 7 day vehicle impoundment, a $300 fine
• Third Offense: Immediate 30 day license suspension, 30 day vehicle impoundment, a $400 fine, mandatory Responsible Driver Program course, enrollment in ignition interlock program

If your BAC is over 0.08 while operating or suspected of operating a vehicle, the following consequences apply before any conviction is made:

• Immediate 90 day license suspension, 30 day vehicle impoundment, a $500 fine, mandatory enrollment in Responsible Driver Program, enrollment in ignition interlock program

Refusal to give a breath sample results in the same consequences as blowing above 0.08, and police officers may still charge you with impaired driving.

Vehicles are seized immediately, and drivers must pay for all towing and impoundment fees to retrieve the vehicle. Drivers must also pay a fee to have their license reinstated. Drivers are also responsible for paying for educational courses and ignition interlock.

 

Jail time is issued only when a driver has been convicted of driving while impaired more than once. The minimum sentences for impaired driving are:

 

First Offense: no jail time

Second Offense: minimum 30 day imprisonment

Third Offense: minimum 120 days imprisonment

http://www.dui.ca/bc.php

 

BC has pretty much the most strict DUI laws in the country. Basically if you have a BAC between 0.05 and 0.08 or a refusal to take breathalyzer, on the first offense they can suspend your license and impound your vehicle for 3 days. If you're above 0.08 or its not your first offense then it only gets worse from there. The only thing that's kind of unfair here is that they can give you the consequence of a DUI just because you refuse to take the breathalyzer. But honestly, why refuse? They probably put that stipulation in there because of how many asshats who are above 0.05 just refuse the breathalyzer.

[Yoinkerman]

This law is a technicality one, not something that will get actively enforced at all times. Cops in general aren't going to go after your personal belongings UNLESS YOU GIVE THEM A REASON. They kinda do these things when they suspect something is wrong.

Source: Canadian, knows a thing or two about the law.

I'll keep my phone locked and encrypted. If the police want to pursue that charge, they can go ahead. I also know I have nothing to hide apart from obscene fantasy league messages that would make a Priest horrified.

For a lot of us it's true, yes. I live in the VLA, one of canadas top contenders for most dangerous neighborhoods. I see police hassle people here for walking down the street. All the time. My friend and I were driving down the street at like 6pm twilight and were pulled over for not having lights on. About 25ft from my driveway. The only reason the lady officer didn't go to town on us was because some drunk dudes a couple houses down started catcalling and ywlling yelling some pretty rude stuff at her. Lucky for us she decided they needed her assistance more than we did.

Yes. Cooperate with the police, even when they're overstepping. It's in the interest of our safety. But don't be blind to the fact that sometimes, they're overstepping, and we shouldn't have to blindly comply.

[Guest]

That's why you encrypt your phone my dear children.

[Akuma_ZER0]

http://www.vice.com/en_ca/read/canadian-cops-can-now-search-your-phone-if-youve-been-arrested-so-slap-a-password-on-it-426?utm

 

So basicly police can search your phone and pc without a warrant upon arrest. 

[XTankSlayerX]

Cool.

 

Go ahead and look at the queue of wallpapers I have lined up for all of you.

 

Go and look at all the articles I post.

 

At least they'll say sorry.

 

And I swear this is a repost but I cant find the link to the OT

[Geekazoid]

Cool.

Go ahead and look at the queue of wallpapers I have lined up for all of you.

Go and look at all the articles I post.

At least they'll say sorry.

And I swear this is a repost but I cant find the link to the OT

Maybe if you stopped swearing you'd be able to find it. JK

[Clyne]

Cool.

 

Go ahead and look at the queue of wallpapers I have lined up for all of you.

 

Go and look at all the articles I post.

 

At least they'll say sorry.

 

And I swear this is a repost but I cant find the link to the OT

http://linustechtips.com/main/topic/268237-police-have-limited-right-to-search-a-suspect%E2%80%99s-cell-phone-supreme-court-of-canada/

[elguito]

The key thing to remember about this that there are only certain circumstances where they are are even allowed to search your phone like committing a crime be in the process of committing and even they there has to be a real urgency and they have to document the search completely and if they don't the search can be challenged in court and any thing they find can and will be thrown out.