Date: 2014-06-18 Docket: CA040090 | Link

Upon the appellant’s two arrests, the police seized two blackberry devices. These devices were subsequently submitted for analysis and data extraction. The appellant sought to exclude the evidence that was obtained from the blackberry searches claiming a violation of s. 8 of the Charter. Appeal allowed: downloading the entire contents of a cell phone or smartphone, seized on the arrest of the accused, after some delay, without a search warrant, is not valid under s. 8 of the Charter as a reasonable warrantless search. The searches were carried out more than two years after the appellant’s arrests. The delay demonstrated that none of the purposes that justify a warrantless search incident to arrest were relevant.