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Originally Posted by OMG!WTF!
I think you have to be the person arrested for any warrentless seizure to occur.
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Incorrect. See section 489(2) below with emphasis added.
http://laws-lois.justice.gc.ca/eng/a...6.html#docCont
Quote:
Seizure without warrant
(2) Every peace officer, and every public officer who has been appointed or designated to administer or enforce any federal or provincial law and whose duties include the enforcement of this or any other Act of Parliament, who is lawfully present in a place pursuant to a warrant or otherwise in the execution of duties may, without a warrant, seize any thing that the officer believes on reasonable grounds
- (a) has been obtained by the commission of an offence against this or any other Act of Parliament;
- (b) has been used in the commission of an offence against this or any other Act of Parliament; or
- (c) will afford evidence in respect of an offence against this or any other Act of Parliament.
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It would be up to the officer to be able to articulate the evidence believed to be on the digital medium (ie. audio, video, both). That article you posted originally from the Hamilton Spectator was right in the sense that there's nothing "illegal" about filming cops but if there is evidence afforded in what the video captured, that video and device can be seized.
edit: I should add some clarity. The phone/recording device could be seized however the police would most likely need a warrant to search the phone and obtain the video from it. But still, the phone could be seized at the time of capturing the incident.