- 13 A B A 30. Given a mobile phone contains extensive and massive B personal and private information and data, the majority recognised that a C D warrantless search of the contents is prima facie “unreasonable” for the purpose of the Canadian Charter unless justified. See C D paragraphs 51 - 58. E F E 31. At the same time, it has been well established that there is a common law power to search incident to a lawful arrest. G H F See: paragraphs 16 - 26. The protection of privacy through the right to be free of unreasonable searches must therefore be balanced against the G H demands of effective law enforcement. See: paragraphs 2 - 4. I J I 32. Seeking to strike the balance, the majority have concluded J that police officers will not be justified in searching a cell phone or K K similar device incidental to every arrest. L Rather, such a search will comply with section 8 of the Canadian Charter (and thus reasonable and L lawful) if it satisfies the following four conditions as revised by the M majority (“the Conditions”): N O P M N (1) The arrest was lawful. (2) The search is truly incidental to the arrest in that the police have a reason based on a valid law enforcement purpose to O P conduct the search, and that reason is objectively reasonable. Q R The valid law enforcement purposes in this context are: (a) protecting the police, the accused, or the public; (b) preserving evidence; or (c) discovering evidence, including locating additional S T Q R S suspects, in situations in which the investigation will T U U V V