Discreet Dolls

Cops vs. Your Cell Phone...

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jimmylikes

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May 23, 2012
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Ok experts please chime in here....any lawyers around?

http://www.cbc.ca/news/canada/briti...histler-rcmp-over-cellphone-seizure-1.3882355

Privacy rights vs. technology

As for whether civilians are required to provide passcodes to police, Vonn said the answer is a definitive 'no.'

"If the phone is locked, there is no compulsion to unlock your phone for this purpose."

The issue has become a common concern for many Canadians, as privacy rights intersect with technological tools used in law enforcement.

"This is very much a question that is of great interest at the moment: Should there be a court order process to demand passwords of people?"

Vonn also questioned if the RCMP had the legal authority to keep her phone against her will.

"If they weren't allowed to legally seize the phone in the first place, they're certainly not allowed to keep it."

Vonn stressed that she doesn't know the specifics of the circumstances surrounding this particular case.
 
SchlongConery

SchlongConery

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Jan 28, 2013
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Kathleen said:
No expert, but cant see how an officer can possibly just snatch a phone away. Someone could be watching the incident on their phone in zoom, but not recording.
The officer can't 'speculate' a citizen recorded anything.

He should have to ask and verify if something was recorded. Only if no other means of video (security, etc ), the police should be allowed to take down a name and number and if needed, have a judge order the phone content for evidence.

You have a couple options. First, don't record anything and take the easy way. Two, record, and enter into a possible grey area. There is no expectation to privacy in public, so a citizen can record anyone, anytime, even if they don't want you to. But as seen, it can provoke a situation.

Still, you don't have to Identify yourself if doing no crime, and should never talk to police anyway. Best course is to say nothing to police, comply with instructions, and if something happens which you feel is a civil violation, file a complaint or talk to a lawyer.
Click to expand...

Excellent, prudent information Kathleen.
 
GameBoy27

GameBoy27

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Nov 23, 2004
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I remember being questioned by the cops when we were hanging out having a few beers in the park. When they asked for ID I'd hand them my wallet. They would always refuse to touch it, instead ask me to remove my ID. Now maybe they didn't want to be accused of removing cash from it, not that there was any money it in the first place.

My, how times have changed.
 
D

dirkd101

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Sep 29, 2005
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eastern frontier
It would seem to me, after reading the link, that the RCMP are expanding upon their right to seize cell phones. While I can understand the need to seize such things from a known criminal during an arrest, the seizure of that phone is warranted, as it could be a part of the criminal enterprise.

Also, there is a case for seizure, if they see someone videoing, an arrest, a crime in progress, an accident..etc..The need to seize the device is for evidentiary purposes. The need here should last only as long as it takes to view that video, to deem it's value as evidence and then the time it takes to download that video. If they don't check the video immediately, then they have no cause to seize your device, without warrant. I'm sure if you are co-operative and tell them what you have and show them and then if they ask for permission to download that video, then there is no problem. Seizure without warrant should not take place, as you are not criminally involved. If a witness, then they are obliged to ask.

In this case, they are trying to seize without warrant, someone who may or may not be a potential witness. Their seizure is without cause and they are trying to expand upon their ability to seize these devices, preferring to let the courts sort it out. They are over-stepping their authority it would seem, why would be a good question to ask, as they must be getting told to do so by someone in authority in their chain of command.
 
SchlongConery

SchlongConery

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The thing about cops is that .... they have the gun and badge and the authority to fuck up your life without any real risk of repurcussions on their part. So I just stay as far away from them as I can. Including video recording third party shit.

In this case, they may have felt that the dissemination of the video may have exposed the identity of the arrested person in an investigation that they might have wanted to keep quiet while they work their way through the course of the investigation. In plain terms, maybe they nabbed this guy but don't want the rest of the people they are investigating to know that the cops are on to them.

I really wish that cops would back off the militaristic bully approach to policing. It is going to backfire on them, and society.
 
F

fuji

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Jan 31, 2005
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I recall that while you might not have to provide a password in some jurisdictions you could be required to provide a fingerprint.

So if you unlock your phone using a fingerprint instead of a password you might be exposed to deeper searches of your information than if you use a passcode.
 
N

nottyboi

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May 14, 2008
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huckfinn said:
I find it interesting that Border Security can look at the contents of your phone.

You even have to unlock it for them apparently.
Click to expand...
Yes I think this is BULLSHIT, there is nothing on a phone where the "Border" represents a physical barrier. If they are looking for child porn or something, the internet has no boarders so I don't see why an special jurisdiction should be granted.

Has anyone made a Freedom of Information request to CBSA? I am curious what they have in my records.
 
B

Big Sleazy

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Sep 13, 2004
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For Christ Sakes ! They can take a picture of the back of your bag from outer space. And if you think all those micro wave towers around the Country are for cell coverage. I've got a bridge in Brooklyn for sale.
 
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