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R v A C & W (2013)

  • Clayton Rice, Q.C.

In this complex conspiracy and drug trafficking case Mr Rice successfully argued that the police could not lawfully seize text messages from a cell phone provider by using a production order under s 487.012 of the Criminal Code. The trial judge ruled that a wiretap authorization was required. The trial judge also ruled on a subsequent motion that the police could not seize data from a smartphone under the doctrine of search incidental to arrest. The police may seize a smartphone incidental to arrest but they are required to get a search warrant in order to search the contents. Mr Rice has written about these important new developments in the law on his Blog: On The Wire.

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