Document Type : Primary Research paper
Universiti Putra Malaysia
Faculty of Technology Management and Technoprenuership, UniversitiTeknikal Malaysia Melaka
Cluster of Education and Social Sciences, Open University Malaysia
This study has established that most of the judgments concur that there is a need to protect the individuals’ privacy interests but also acknowledge that cell phones and other mobile or technological devices can store personal data. As such, the majority of the rulings of the Supreme Court of Canada held that if conducted reasonably and incidental to arrest, the search of cell phones and other related devices are legal and that they do not violate section 8. However, it is imperative to highlight that the “reasonableness” standard poses a dilemma and makes it difficult for the courts and the police to establish consistent boundaries that define lawful searches.