of which was done without a search warrant. The plaintiff’s attorneys argued that their client’s rights were violated, as he was victim to unlawful search and seizure. Despite the court’s ruling, the evidence gathered from the unwarranted search was used as evidence in trial, as the court claimed that the police were acting in good faith. In accordance to the ruling, the court proclaims that a warrant is not needed if: “There are exigent circumstances, such as where the information is required to prevent imminent bodily harm.” “If there is a reasonable law authorizing access.” “If the information being sought does not raise a reasonable expectation of privacy.” The second court case to refer to is from the same year but in December. Essentially, the Supreme Court of Canada argued that police are allowed access to a suspect’s cell phone, but they must abide by very strict guidelines. This ruling came about from the argument of Kevin Fearon who was convicted of armed robbery in 2009. After robbing a Toronto Jewelry kiosk, Fearon argued that the police unlawfully violated his charter rights upon searching his cellphone without a warrant. Although divided, the Supreme Court laid out very detailed criteria for law enforcement officers to follow when searching a suspect's phone without a warrant. There are four rules which officers must follow in these instances: “The arrest must be lawful – This is the case for any situation; it just means if the arrest isn’t lawful, then neither is the search.” “The search must be incidental to the arrest and police need an “objectively reasonable” reason to conduct the search. These include: protecting police/the accused/the public; preserving evidence; discovering evidence such as finding more suspects.” “The nature and extent of the search are tailored to the purpose of the search. This means police activity on the phone must be directly linked to the purpose they give.” “Police must take detailed notes of what they looked at on the device as well as how it was searched (e.g. which applications or programs they looked at, the extent of search, the time of search, its purpose and duration)” To continue a search without a warrant, the situation at-hand would need to meet three of the four guidelines stated above. Nonetheless, the court highly encourages law enforcement to request a warrant before searching a cellphone to promote and protect privacy in Canada. Russia Due