Quote:
Originally Posted by MrMastodonFarm
If you end up in the klink and they take your phone they aren't allowed to open it. I suppose you really don't know what they're up to though.
Stupid potential law.
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Generally speaking, they can search the contents of your phone if they have reason to believe it contains relevant evidence. This was recently confirmed by the
Ontario Court of Appeal.
But that's in cases of criminal arrests. Distracted driving is in the nature of a regulatory infraction, though I suppose it could be argued that data on the phone could be relevant to proving the infraction - for example a call history that shows the person was talking on the phone at the time the infraction was observed. But that doesn't sound like what they're getting at with the proposed law - they just want to create a new form of penalty as I understand it: the inconvenience of not having your phone for a day.