A recent CBC article alerting Ontario residents that we will soon be able to show proof of insurance electronically on our smartphones was framed as a matter of convenience, but you should be cautious when sacrificing your right to privacy.
Your smartphone is a personal item. The information stored in the messages and emails exchanged and the files and photos saved are protected by your right to privacy. These items cannot be examined by the police without reasonable grounds to believe they will provide evidence of a crime; and oftentimes, only with the prior approval of judge by means of a search warrant.
By voluntarily showing your phone to the police, you are potentially opening up the door to a “consent search.” While flipping through your photos to find your pink slip, under the watchful eye of the police, evidence or what the officer may believe to be evidence, may be uncovered. Notifications like the “ok see ya soon” text message from your friend may prompt further questioning and possible suspicion of distracted driving. The police have already been given generous authority to search, and we don’t need to provide them with anymore.
Odd isn’t it that is a world where we are bombarded with the message that cells phones and vehicles don’t mix, the government gives the thumbs for further integration between the two?
Don’t put yourself in a position to open the door to further police scrutiny. Keep the pink slip in the glove box and off your phone, and you will keep the police away from your phone in return.
If you or anyone you know has been charged with a distracted driving offence or any other traffic or criminal matter you need the lawyers at Millars Law on your side.
Call us today for a FREE consultation! (519) 657-1LAW or Info@millarslaw.com
By: Nick Cake