Case # 35298
Kevin Fearon v. Her Majesty the Queen (May 23, 2014)
At issue is whether a search of the appellant’s cell-phone during his arrest breached section 8 of the Charter. Two men robbed a merchant and one of the robbers carried a gun. The armed robber wore a red hoodie and he got into the front passenger seat of the get-away car. When the police found the get-away car, they discovered a red hoodie on the front passenger seat and a loaded handgun under that seat. The police suspected the appellant had been involved and they arrested him. One of the arresting officers conducted a pat down search and seized the appellant’s cell phone. The cell phone was turned on and it was not password-protected or locked. The officer searched the cell phone and discovered incriminating evidence. The appellant admitted that he was one of the robbers and that he wore a red and black hoodie. The appellant made this admission prior to counsel’s arrival.