- 23 A
A
home. This does not rise to the level of imminent risk to
B
B
safety.” (paragraph 141, footnote omitted)
C
(2)
Preservation of Evidence: “Usually the information on the
cell phone will remain available pending the acquisition of a
D
C
D
search warrant. ... The mere possibility that evidence on the
E
cell phone could be remotely deleted should not justify a
search. Furthermore, even if the suspect has an accomplice
F
E
F
with the technological skills to wipe the cell phone remotely,
this threat is easily addressed by removing the cell phone’s
G
G
battery or placing it in a ‘Faraday bag’, an inexpensive
H
receptacle
which
blocks
wireless
communications.”
(paragraph 144)
I
(3)
J
I
Discovery of evidence: “There is a cost to requiring police
officers to obtain a warrant before searching an arrestee’s
phone. Searches for the purposes of imminent risks to safety
K
H
J
K
or the preservation of evidence are permitted under exigent
L
circumstances, answering the most serious of these concerns.
However, the requirement to obtain a warrant will
M
L
M
sometimes mean that the police are unable to discover
potentially valuable evidence or that their investigation will
N
N
be delayed. This cost must be weighed against the privacy
O
interest in a phone.” (paragraph 150)
from Riley at paragraph 42 above.
P
Q
R
See also the quotes
57.
On the other hand, the more relaxed restrictions embodied in
the Conditions as laid down in the majority judgment do not in my view
O
P
Q
R
strike the right and proportionate balance, as it cannot demonstrate why
S
T
(save in exigent circumstances) it is necessary to urgently carry out the
search even for law enforcement purposes without waiting for a warrant.
S
T
U
U
V
V
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