Essay Case Analysis : Alomar And Bell 's Case

1144 Words Apr 27th, 2016 5 Pages
In Alomar and Bell’s case there is a definite infringement on section 8 of the Canadian Charter of Rights and Freedoms and therefore, the photographs of Ms. Alomar holding a handgun should be inadmissible to the trial. Including this evidence would be injustice when coming to a final verdict due to the fact that it violates section 8 of the Charter which states that “everyone has the right to be secure against unreasonable search and seizure”

The search of the photos was not authorized by the law because there was no consent expressed or implied by Ms. Alomar. Reason for judgment is found in paragraph 19 and quotes “Det. Colabello immediately went into the cell phone log and noted the last two or three cells in her note book. She also looked text message… Det. Colabello then decided to open the photo on Ms. Alomar’s phone” nowhere in this description did Ms. Alomar give consent to the detective or imply it was okay to search her cell phone. In the case, R. v. Fearon the officer’s actions were reasonable because the information “police found a cell phone in F’s pocket. Police searched the phone at that time and again within less than two hours of the arrest. They found a draft text message which read “We did it were the jewlery at nigga burrrrrrrrrrr”, and some photos, including one of a handgun.” What was searched and found on the cell phone is in fact related to the already established investigation. On the other hand, when Det. Collabello searched Ms. Alomar’s phone it…

Related Documents