Supreme Court of Canada to consider cops’ warrantless access to text messages

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The ruling could have far-reaching consequences for police agencies’ ability to access cellphone data without a warrant in emergency situations.

The Supreme Court of Canada ruled Friday that police must obtain a warrant before requesting a Canadians' internet protocol address, in a significant victory for privacy advocates. – Mar 1, 2024The case could have far-reaching consequences for how cops approach accessing cellphone data in emergency situations, as well as Canadians’ privacy rights.

“Family I need 1250 for this half tho. Yooo,” the text messages read, according to Ontario Court of Appel records. The messages were visible on the phone’s lock screen, meaning police did not need a password to view them and respond to “Dew.”“What you gonna need that cause I don’t want to drive around with it,” another of “Dew’s” messages read.

“The … fear that, if police did not take action, the deal would have fallen through and fentanyl would make its way into the community,” read the Ontario Court of Appeal’s 2022 decision.The Court of Appeal found that while Campbell did have a reasonable expectation of privacy in the text messages, the police were correct that fentanyl-laced heroin hitting the streets counted as “exigent” circumstances. The court upheld Campbell’s sentence of five years and eight months.

 

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