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Top court upholds evidence in warrantless cellphone search

Media | 12/11/2014 4:04 pm EST

The Supreme Court of Canada on Thursday upheld the conviction of a man for armed robbery in a case where evidence gathered from his cellphone without a warrant was used in the trial against him. Kevin Fearon challenged his conviction on the grounds that his Charter rights against unreasonable search and seizure had been violated. The Supreme Court decision indicates a text and photographs from Fearon's cellphone, obtained on the day of his arrest in Toronto in 2009, was used as evidence in his trial. A warrant to search the phone was only obtained months later and produced no new...