Supreme Court of Canada to consider cops’ warrantless access to text messages
Global News
The ruling could have far-reaching consequences for police agencies’ ability to access cellphone data without a warrant in emergency situations.
Canada’s top court could soon weigh in again on police access to cellphone data without a warrant.
The case could have far-reaching consequences for how cops approach accessing cellphone data in emergency situations, as well as Canadians’ privacy rights.
The case involves the arrest of a convicted drug dealer, Dwayne Alexander Campbell, by Guelph police in June 2017. But Campbell wasn’t the Guelph police drug unit’s target that day.
Officers obtained a search warrant for the house of another suspected drug dealer, Kyle Gammie. Along with the cocaine and cash police found upon arrest, Gammie had two cellphones on him. While the police were collecting evidence at the residence, one of the cellphones lit up with text messages from someone named “Dew,” another suspected drug dealer.
“Family I need 1250 for this half tho. Yooo,” the text messages read, according to Ontario Court of Appel records. The messages were visible on the phone’s lock screen, meaning police did not need a password to view them and respond to “Dew.”
“What you gonna need that cause I don’t want to drive around with it,” another of “Dew’s” messages read.
The Guelph police figured this was a drug transaction in progress – believing “1250 for this half” referred to heroin laced with fentanyl. The sergeant in charge of the scene authorized another officer to text back and impersonate Gammie to bring “Dew” to the residence, reasoning that fentanyl-laced heroin hitting the streets would be a public safety issue.
Campbell arrived after 7 p.m. and, after a brief foot chase, was arrested. He had the phone “Dew” had used to communicate with Gammie on his person, and just over 14 grams of heroin laced with fentanyl, according to Ontario court records.
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