The police in Canada have the authority to seize and retain items, including mobile phones, under specific circumstances. If they have a lawful reason to believe that your phone contains evidence of a crime or is connected to criminal activity, the police may take your phone as part of their investigation in Canada.

Search warrants and your phone

In most cases, before the police can take your phone in Canada, they need to obtain a search warrant. A search warrant is a court-issued authorization that allows law enforcement to search and seize specific items, such as your phone, based on probable cause. However, there are certain situations, known as “exigent circumstances,” where the police may seize your phone without a warrant if they believe that waiting for a warrant could lead to the destruction of evidence or the danger of public safety.

Your rights and privacy

While the police have the authority to seize your phone under certain conditions, it’s essential to know your rights and protect your privacy during interactions with law enforcement. You have the right to remain silent and the right to speak with a lawyer before answering any questions or consenting to the search of your phone.

How Collett Read LLP can assist

If your phone has been seized by the police or if you believe that your rights have been violated during a police interaction involving your phone, our experienced criminal defence lawyers are here to help. We will carefully examine the circumstances of the seizure, evaluate whether your rights were respected, and advocate vigorously on your behalf. Our goal is to ensure a fair legal process and protect your rights throughout the investigation and any subsequent legal proceedings. Call today at (905) 541-2228 or fill out our intake form for a free consultation.