Can the Police Search My Phone In Manitoba?

Although your cell phone and computer contain private data, the police can seize and search them under certain circumstances. For example, it’s common for cell phones to be seized and held as evidence when someone has been charged with drug trafficking. If the police don’t have a warrant to search your phone, legally they must adhere to 4 conditions:

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1.    Lawful search:

·      The search must be lawful. As such, it must be authorized by law, the law must be reasonable, and the manner in which the search is carried out must be reasonable.

2.    Incidental to Arrest:

·      The search must be incidental to arrest. The police must have a reason, based on a valid law enforcement purpose, to conduct the search. A warrantless search is permitted when it protects police or public safety, preserves evidence, or helps find evidence that would hurt the investigation if a prompt search wasn’t made incident to arrest.

3.    Scope of Search:

·      The search must align with its purpose. It’s not enough that it’s incidental to arrest; it must be truly incidental to the particular arrest for the particular offence. In most cases, only your recent emails, texts, and call log may be examined without a warrant.

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4.    Detailed Notes:

·  The police must take detailed notes of what they examined on your phone and how they searched it.

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Conclusion: Although police can search your phone, they must adhere to certain conditions when doing so without a search warrant for your phone in Manitoba. That applies to all police phone searches in Canada. If you’re concerned about the seizure of your phone or you think there was an illegal search, a criminal lawyer can help you. Call Jason Malloy for a free consultation to get more information.

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