On The Wire

Exigent Circumstances Justified Warrantless Search of Text Messages

What is the result when the police seize a cellphone belonging to a known drug dealer and then impersonate him in text messages to lure a supplier into an arrest? This question was recently considered by the Supreme Court of Canada in a case where the police asserted that a ...
Continue Reading
/

Exclusion of Evidence and the Rule of Law

The police showed up around midnight with a warrant to search a residential property in Oshawa, Ontario. Roydel Ramsay-Morris was arrested in the backyard and detained for two hours before he was given the right to call a lawyer. A ruling from the Ontario Court of Justice excluding a loaded ...
Continue Reading
/

Gun and Cash Tossed by Ontario Court of Appeal

The police in Thunder Bay, Ontario, had grounds to obtain a search warrant for Rashawn Samuels' apartment the day before he was arrested. But they chose to wait until after the arrest to apply for the warrant and denied his right to call a lawyer for nine hours while the ...
Continue Reading
/

Police Motor Vehicle Stops: Purpose or Pretext?

The alleged sale of two grams of cocaine to an undercover police officer prompted the police to initiate a motor vehicle stop for tinted windows contrary to Alberta’s traffic safety statute. But the officer who stopped the vehicle testified on an evidence exclusion motion that his real purpose was to ...
Continue Reading
/

TD Bank Pleads Guilty to Money Laundering Conspiracy

TD Bank has agreed to pay US$3 billion in fines and penalties for failing to maintain an anti-money laundering program and became the first bank in U.S. history to plead guilty to conspiracy to commit money laundering. The bank's failure to maintain its anti-money laundering program allowed corrupt employees to ...
Continue Reading
/

A New F.T.C. Report Finds a Vast Surveillance Ecosystem

Social Media and Video Streaming Services have become a ubiquitous part of life and culture in the digital age. But these services do more than let their users connect with the world from the palm of their hands. A new report by the United States Federal Trade Commission has found ...
Continue Reading
/

The George Santos Indictments

Former member of the United States House of Representatives George Santos has pleaded guilty to wire fraud and aggravated identity theft after a tumultuous year plagued by scandal. The charges stemmed from inflating fundraising numbers and faking donor names to secure financial support from the Republican Party. He admitted to ...
Continue Reading
/

Is There a Privacy Interest in Car Crash Data?

In a recent opinion that may have broader reach in the world of connected cars the Ontario Court of Appeal unanimously held there is no expectation of information privacy in data contained in a motor vehicle event data recorder. Although the ruling does not resolve a conflict in Canadian constitutional ...
Continue Reading
/

U.S. Fifth Circuit Rules Geofence Warrants Are Unconstituional

Geofence warrants have been held to be unconstitutional in a recent opinion delivered by the United States Court of Appeals for the Fifth Circuit sparking praise for its critique of digital dragnets and concerns about the broader implications whether any digital warrants for online contents are constitutional. Google is the ...
Continue Reading
/

Google Backtracks on Discontinuing Third Party Cookies

On July 22, 2024, Google announced the reversal of its plan to eliminate cookies in its Chrome browser. The decision appears to follow objections to Google's alternative technologies by digital advertising companies. Instead, Google intends to introduce a new feature in Chrome that will allow users to make informed decisions ...
Continue Reading
/