No - the police were able to search the phone during the arrest
100
Did the police have a warrant when they searched Fearon's phone?
No - they obtained a warrant after they searched his phone
100
What is the presumption of a search without a warrant?
There is a presumption that all searches without a warrant are unreasonable and therefore infringe s.8 of the Charter
100
What does section 24(2) of the Charter state about evidence that is obtained in a manner that would infringe Charter rights?
The evidence shall be excluded if it is established that admission would bring the administration of justice into disrepute.
100
What was the outcome of R v. Fearon in the Supreme Court?
Fearon's appeal was dismissed and the evidence was held to be admissible.
200
What was the arresting officer's name?
Sargent Hicks
200
What did the police find in the getaway car?
The police found the gun that was used in the armed robbery
200
INSTANT WINNER!
CONGRATULATIONS!
200
Why was the evidence not excluded in R v. Fearon?
The SCC held that exclusion of the evidence would undermine the truth seeking function of the justice system and that the police acted in good faith.
200
What did the minority hold in R v. Fearon?
The minority strongly dissented and held that the police must obtain a warrant before searching your phone
300
What was Fearon's buddy's name?
Chapman
300
INSTANT WINNER!
CONGRATULATIONS!
300
Was s.8 of the Charter breached in R v. Fearon?
Yes - the initial search did breach s.8 of the Charter, however, despite that breach, the evidence was not excluded.
300
Was the evidence excluded at trial?
No - the the evidence was not excluded because the trial judge held that s.8 of the Charter was not breached and the search was incidental to the arrest
300
INSTANT WINNER!
CONGRATULATIONS!
400
What city did the robbery take place in?
Toronto
400
What photo did the police find on Fearon's cell phone?
The police found a photo of the gun used during the armed robbery
400
Does it make a difference if your cell phone is locked when police want to search you cell phone?
No - your phone, like your home, should be considered private even when unlocked
400
INSTANT WINNER!
CONGRATULATIONS!
400
Who were the Majority in R v. Fearon?
Majority: McLachin C.J. and Cromwell, Moldaver, and Wagner JJ
500
INSTANT WINNER!
CONGRATULATIONS!
500
What did the text message say on Fearon's phone?
The text message said “We did it where the jewellery at…”
500
What are the four conditions that the court should consider when admitting evidence obtained without a warrant?
1. The arrest must be lawful;
2. The search must be truly incidental to the arrest;
3. The search must be tailored to its purpose; and
4. The police must take notes of what they examined