- 27 A A postpone the search until they could obtain a warrant.” B B (paragraph 80) C (3) Moreover, whether a cell phone search is justified further depends on the types of crimes in a wide variety of D C D circumstances. (paragraph 799) E (4) Even assuming that the police will act in good faith in conducting the search of cell phones seized upon arrest, such F E F approach will inevitable create much uncertainty for the G police and increase the possibility of after-the-fact litigation as to whether the search was properly done. H I J 61. Cromwell J’s approach therefore leaves much uncertainty as to how to determine in the future whether a search of cell phones may or G H I J may not be lawful. K L K 62. I can do no better than to adopt Karakatsanis J’s observation L at paragraph 105 of Fearon as to why the majority’s approach by M N adopting the Conditions does not provide adequate protection of privacy against a warrantless search: “[105] The intensely personal and uniquely pervasive sphere of privacy in our personal computers requires protection that is clear, practical and effective. An overly complicated template, such as the one proposed by the majority [ie, the Conditions], does not ensure sufficient protection. Only judicial pre-authorization can provide the effective and impartial balancing of the state’s law enforcement objectives with O P Q R S T 9 Where it was held that: ‘The law enforcement objectives served by searches incident to arrest will generally be most compelling in the course of the investigation of crimes that involve, for example, violence or threats of violence, or that in some other way put public safety at risk, such as the robbery in this case, or serious property offences that involve readily disposable property, or drug trafficking. Generally speaking, these types of crimes are most likely to justify some limited search of a cell phone incident to arrest, given the law enforcement objectives. Conversely, a search of a cell phone incident to arrest will generally not be justified in relation to minor offences.’ M N O P Q R S T U U V V