Can Police
Search My Phone?
In Canada, your phone is protected by Section 8 of the Charter, which guards against "unreasonable search and seizure."
1. The General Rule (A Warrant is Needed)
In the majority of cases, police MUST have a warrant signed by a judge to search the contents of your phone. Computers and phones contain the "biographies of our lives," and the Supreme Court of Canada (SCC) has granted them the highest level of privacy protection.
The Passcode Rule
You are NOT legally required to provide your phone passcode to an officer on the street. You have a right to silence under Section 7 of the Charter.
2. Search Incidental to Arrest (The Exception)
In 2014, the Supreme Court ruled in R v Fearon that police can search a phone without a warrant immediately after an arrest, but only under strict conditions:
- The arrest must be lawful.
- The search must be truly incidental to the arrest (e.g., looking for evidence of the specific crime you were just arrested for).
- The search must be tailored to its purpose (they can't just browse your photos if you were arrested for a driving offence).
- The police must keep detailed notes of what they looked at and for how long.
3. What about Fingerprints/Face ID?
This is a developing area of law. While you cannot be forced to speak your passcode, some lower courts have explored whether a "compulsion" to place your finger on a sensor is a violation of the right against self-incrimination. The safest path is to clearly state your non-consent.
Summary: What to say
If an officer asks for your phone or your code, you can use the following script:
"I do not consent to a search of my device. I am exercising my right to silence and my right to speak with a lawyer before answering any questions about my property."