January 19, 2014
For immediate release
Vancouver – The BC Court of Appeal will hear arguments on January 20-21, 2014 in R. v. Mann. The Court will consider whether the power to search incident to a lawful arrest includes the authority to search the contents of a cell phone.
Mr. Mann was twice arrested in connection with an alleged kidnapping. On the first occasion, Mr. Mann’s Blackberry cell phone was seized from him during his arrest. He was released without charge. However, as he remained a suspect, the Blackberry was not returned to him. Several weeks later, Mr. Mann was charged with kidnapping and he was again arrested. During his second arrest, a second Blackberry was seized from the car he had been driving. Both Blackberries were eventually sent for data extraction, which was completed after a significant period of time had passed. The analysis of the Blackberries captured every piece of data generated by the user.
The BCCLA is an intervener in this case. The BCCLA will argue that applying the traditional rule of search incidental to arrest to mobile devices will significantly undermine privacy rights and greatly expand warrantless police search powers, and is unconstitutional. The BCCLA takes the position that, in order to uphold constitutional rights, the law must adapt to recognize that technological developments have increased the privacy interest in mobile devices and that a warrant is necessary to search the contents of a mobile device.
The BCCLA is represented by Brent Olthuis and Eileen Patel of Hunter Litigation Chambers.
The BCCLA’s argument in the case is available here:
- What: BC Court of Appeal will hear oral arguments in R. v. Mann
- When: Oral arguments begin on Monday, January 20 at 10:00 am PST
- Where: BC Court of Appeal (Vancouver, BC)
- Who: BCCLA representatives available for comment
